{ "id": 14956, "slug": "the-andhra-pradesh-charitable-and-hindu-religious-institutions-and-endowments-act-1987-1987", "title": "The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987", "short_title": "The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987", "act_number": "(Andhra Pradesh Act No. 30 of 1987)", "act_year": 1987, "act_type": "STATE", "location": "Andhra Pradesh", "law_status": "unknown", "enactment_date": null, "description": "The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "CHAPTER 1", "chapter": "CHAPTER 1", "content": "Preliminary", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "1", "title": "1. Short title, extent, application and commencement.", "chapter": null, "content": "(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.\n(b) all Hindu public religious institutions and endowments whether registered or not in accordance with the provisions of this Act.\nObject & Reasons 6\nStatement of Objects and Reasons - (Act No. 29 of 2000).", "footnote": "", "is_definition": false, "sort_order": 1 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(1) \"archaka\" includes a Pujari, Panda, an Archakatvam Mirasidar or other person, who personally performs or conducts any archana, puja or other ritual:\n[(1A) '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.]\n(2) \"Assistant Commissioner\" means the Assistant Commissioner appointed under sub-section (1) of Section 3 and includes every officer who for the time being exercises the powers and performs the functions of an Assistant Commissioner under this Act or the rules made thereunder in respect of any charitable or religious institutions or endowments, as specified in sub-section (5) of Section 3;\n(2a) Board means the Tirumala-Tirupathi Devasthanams Board constituted by the Government under Section 96 ;\n(2b) \"Chairman\" means the Chairman of the Board of the Committee of Management of Tirumala-Tirupathi Devasthanams appointed under Section 96;\n(3) \"charitable endowment\" means all property given or endowed for any charitable purpose;\n(4) \"charitable institution\" means any establishment, undertaking, organisation or association formed for a charitable purpose and includes a specific endowment and dharmadayam ;\n(5) \"charitable purpose\" includes -\n(a) relief of poverty or distress ;\n(b) education ;\n(c) medical relief ;\n(d) advancement of any other object of utility or welfare to the general public or a section thereof not being an object of an exclusively religious nature;\n(6) \"Commissioner\" means the Commissioner and the Additional 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 a Commissioner under this Act or the rules made thereunder in respect of any charitable or religious institution or endowment as specified in sub-section (5) of Section 3;\n(7) \"Common Good Fund\" means the Andhra Pradesh Hindu Charitable and Religious Institution and Endowments Common Good Fund, or the Andhra Pradesh Charitable Institutions and Endowments Common Good Fund, as the case may be, created under sub-section (1) Section 70 ;\n(7a) \"Committee\" means the Tirumala-Tirupathi Devasthanams Management Committee appointed by the Government under Section 97-A for the administration of the Tirumala-Tirupathi Devasthanams;\n(8) \"Court\" means -\n(i) in relation to a charitable or religious institution or endowment situated within the limits of the Municipal Corporation of Hyderabad, the City Civil Court, Hyderabad;\n(ii) in relation to a charitable or religious institution or endowment situated elsewhere in the State, the Subordinate Judge's Court having jurisdiction over the area in which the said institution or endowment is situated or, if there is no such court, the District Court having jurisdiction over such area ;\n(iii) in relation to a specific endowment attached to a charitable or religious institution, the Court which would have jurisdiction as aforesaid in relation to such charitable or religious institution ;\n(iv) in relation to a specific endowment attached to two or more such institutions, any Court which would have jurisdiction as aforesaid in relation to either all or any of such institutions ;\n(9) \"Deputy Commissioner\" means the Deputy 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 a Deputy Commissioner under this Act or the rules made thereunder in respect of any charitable or religious institution or endowment as specified in sub-section (5) of Section 3 ;\n(10) \"Dharmadayam\" means any amount charged or collected under whatever name, according to custom or usage of any business or trade or the agreement between the parties, relating to any transaction or otherwise from any party of the said transactions, as being intended to be used for a charitable or a religious purpose.\n[(10-A) 'Dharmika Parishad' means the Andhra Pradesh Dharmika Parishad constituted under Section 152.]\n(11) \"Dittam\" means the schedule of articles and other requirements of worship or offering in connection with the daily dhupa, naivedyam, pachikam, paricharikam and other general, special or periodical services, ceremonies or observances in the institution, endowment, math of specific endowment, as the case may be ;\n(12) \"Endowment Administration Fund\" means the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Administration Fund established under sub-section (1) of Section 69 ;\n[(12-A) 'Endowments Tribunal' means a tribunal constituted under Section 162.]\n(13) \"Executive Officer\" means an Officer appointed as such under any of the provisions of this Act;\n(14) \"Government\" means the State Government;\n(15) \"Hereditary Office-holder\" means any office-holder including Pedda Jeeyangar, China Jeeyangar, a Mirasidar and an Archaka of a charitable or religious institution or endowment the succession to whose office devolves according to the rule of succession laid down by the founder or according to the usage or custom applicable to the institution or endowment or according to the law of succession for the time being in force, as the case may be;\n(16) \"Hereditary trustee\" means the trustee of a charitable or religious institution or endowment the succession to whose office devolves according to the rule of succession laid down by the founder or according to usage or custom applicable to the institution or endowment or according to the law of succession for the time being in force, as the case may be ;\n(17) \"Math\" means a Hindu Religious Institution presided over by a person, whose principal duty is to engage himself in the teaching and propagation of Hindu religion and philosophy or the teachings and philosophy of the denomination, sect or sampradaya to which the math belongs and in imparting religious instruction and training and rendering spiritual service or who exercises or claims to exercise spiritual headship over a body of disciples ; and includes any place or places of religious worship, instruction or training which are appurtenant to the institution;\n(17a) \"Member\" means the member of the Board or Committee ;\n(18) \"Person having interest\" includes -\n(a) in the case of a math, a disciple of the math or a person of the religious persuasion to which the math belongs ;\n(b) in the case of a charitable institution or endowment or a religious institution other than a math or a religious endowment a person who is entitled to attend at or is in the habit of attending the performance of service, charity or worship connected with the institution or endowment or who is entitled to partake or is in the habit of partaking in the benefit of any charity or the distribution of gifts thereat ;\n(c) in the case of a specific endowment a person who is entitled to attend at or is in the habit of attending the performance of the service or charity or who is entitled to partake or is in the habit of partaking in the benefit of the charity ;\n(19) \"prescribed\" means prescribed by rules made by the Government under this Act;\n(20) \"Regional Joint Commissioner\" means the Regional Joint 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 a Regional Joint Commissioner under this Act or the rule made thereunder in respect of any charitable or religious institution or endowment as specified in sub-section (5) of Section 3;\n(21) \"Religious charity\" means a public charity associated with a Hindu festival or observance of a religious character, whether connected with a religious institution or not;\n(22) \"Religious endowments\" means property (including movable property), and religious offerings whether in cash or kind, given or endowed for the support of a religious institution or given or endowed for the performance of any service or charity of a public nature connected therewith or of any other religious charity ; and includes the institution concerned and also the premises thereof.\n(23) \"Religious institution\" means a math, temple or specific endowment and includes a Brindavan, Samadhi or any other institution established or maintained for a religious purpose;\n(24) \"Revenue Divisional Officer\" means any officer incharge of a revenue division and includes a Deputy Collector, a Sub-collector and an Assistant Collector ;\n(25) \"Specific Endowment\" means any property or money endowed for the performance of any specific service or charity in a charitable or religious institution or for the performance of any other charity, religious or otherwise;\n(26) \"State\" means the State of Andhra Pradesh ;\n(27) \"Temple\" means a place by whatever designation known used as a place of public religious worship, and dedicated to, or for the benefit of, or used as of right by the Hindu community or any section thereof, as a place of public religious worship and includes sub-shrines, utsava mandapas, tanks and other necessary appurtenant structures and land;\n(28) \"Tirumala-Tirupathi Devasthanams\" means the temples specified in the First Schedule and the endowments and properties thereof and shall include the educational institutions and the other institutions specified in the Second Schedule and the endowments and properties thereof and Tirumala-Tirupathi Devasthanams shall be deemed to be constituted into a single religious institution for the purposes of this Act;\n(29) \"Trustee\" means any person whether known as mathadhipati, mohanti, dharmakarta mutawally, muntazim or by any other name, in whom either alone or in association with any other person, the administration and management of a charitable or religious institution or endowment are vested ; and includes a Board of Trustees;\n(30) \"any reference to Hindu\" shall be construed as including a reference to a person professing Budhist, Jain, or Sikh religion and the reference to Hindu religious institutions shall be construed accordingly;\n(31) words and expressions used in this Act, but not defined herein, shall have the meaning assigned to them in the relevant Acts.", "footnote": "", "is_definition": true, "sort_order": 2 }, { "number": "4", "title": "CHAPTER 2", "chapter": "CHAPTER 2", "content": "Commissioner, Additional Commissioner, Regional Joint Commissioner etc., and their powers and functions", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "3", "title": "3. Appointments etc., of Commissioner, Additional Commissioner, Regional Joint Commissioner, Deputy Commissioner and Assistant Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "4", "title": "4. Qualifications for appointment of Commissioner etc.", "chapter": null, "content": "(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\n(b) who is holding or has held a post in the Andhra Pradesh Higher Judicial Service ; or\n(c) who has at least, ten years practice as an Advocate of the High Court of Andhra Pradesh or of the Supreme Court; or\n(a) who has been for not less than three years as an Advocate of the High Court of Andhra Pradesh, by direct recruitment; or\n(b) who has been holding for not less than three years the post of Superintendent in the Endowments Department or the post of an Executive Officer of the prescribed grade, by promotion;\n(c) who has been holding an equivalent post of Assistant Commissioner in any of the charitable or religious institutions or endowments published under clause (a) of Section 6 including a person in the service of the Tirumala-Tirupathi Devasthanams, by transfer:", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "5", "title": "5. State to be divided into regions, divisions and sub-divisions for the purposes of this Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "6", "title": "6. Preparation and publication of list of charitable and religious institutions and endowments on the basis of income.", "chapter": null, "content": "(a) (i) the charitable institutions and endowments ; or\n(ii) the religious institutions and endowments other than maths; whose annual income as calculated for the purpose of levy of contribution under Section 65 [exceed rupees twenty-five lakhs] ;\n(b) (i) the charitable institutions and endowments;\n(ii) the religious institutions and endowments, other than maths; whose annual income calculated as aforesaid [exceeds rupees two lakhs but does not exceed rupees twenty-five lakhs] ;\n(c) (i) the charitable institutions and endowments ; or\n(ii) the religious institutions and endowments other than maths not falling under clause (a) or clause (b);\n(d) the maths irrespective of the income :\n(e) the Dharmadayam irrespective of the income;", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "7", "title": "7. Commissioner to be corporate sole.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "8", "title": "8. Powers and functions of Commissioner and Additional Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "9", "title": "9. Powers and functions of Regional Joint Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "10", "title": "10. Powers and functions of Deputy Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "11", "title": "11. Powers and functions of Assistant Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "12", "title": "12. Powers of Commissioner etc., to enter and inspect institutions and endowments .", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "13", "title": "13. Commissioner etc., to observe appropriate form, usages and practices.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "16", "title": "CHAPTER 3", "chapter": "CHAPTER 3", "content": "Administration and Management of Charitable and Hindu Religious Institutions and endowments", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "14", "title": "14. Vesting of all properties in the institution or endowment.", "chapter": null, "content": "[15. Appointment of Board of Trustees.\n(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 nine 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 nine persons.\n(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 instutions is less than Rs. 2.00 lakhs per annum, the Deputy Commissioner concerned may constitute a Board of Trustees consisting of three persons in respect of each such temple keeping in view the traditions, sampradayams and wishes of the devotees:", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "16", "title": "16. Abolition of heriditary trustees.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "17", "title": "17. Procedure for making appointments of trustees and their term.", "chapter": null, "content": "(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 Charitable and Hindu Religious Institutions and Endowments Act, 1966 or a Member of his family recognized by the Competent Authority;\n(b) In respect of an Institution or Endowment established after such commencement, the person who has founded such Institution or Endowment or a member of his family and recognized as such by the competent authority.]", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "18", "title": "18. Qualifications of Trusteeship.", "chapter": null, "content": "(a) if he has faith in God;\n(b) if he possesses good conduct, and reputation and commands respect in the locality in which the institution is situated;\n(c) if he has contributed for construction, renovation or development of any institution or performance of any Utsavam or Ubhayam or any charitable cause;\n(d) if he has sufficient time and interest to attend to the affairs of the institution; and\n(e) if he possesses any other merit.", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "19", "title": "19. Disqualifications for trusteeship.", "chapter": null, "content": "(a) if he is an undischarged insolvent;\n(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;\n(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;\n(d) if he is appearing as a legal practitioner on behalf of or against the institution or endowment;\n(e) if he has been sentenced by a criminal Court for an offence involving moral turpitude, such sentence not having been reversed;\n(f) if he has acted adverse to the interest of the institution or endowment;\n(g) if he is an office holder or servant attached to, or a person in receipt of any emolument or perquisite from such institution or endowment;\n(h) if he is addicted to intoxicating liquors or drugs;\n(i) if he has not completed thirty years of age :\n(j) if he does not profess Hindu religion in the case of religious institution or endowment; or\n(k) if he has held such office for two consecutive terms ;\n[20. Chairman of the Board of Trustees.\n(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 Trustees.\n21.\n(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-\n(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\n(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:\n(i) due notice of that meeting was not given to him in the prescribed manner;or\n(ii) the meeting was held on a requisition of members.\n(i) in respect of clause(a), within the said period of three months.\n(ii)in respect of clause (b), before the third ordinary meeting.\n(i) ordinary meeting\" shall mean a meeting held after giving a notice of atleast three days before the day of the meeting.\n(ii) where a meeting other than an ordinary meeting intervenes between one ordinary meeting and another ordinary meeting, those two ordinary meetings shall be regarded as being consecutive to each other;\n(iii) a meeting adjourned for want of quorum shall be deemed to be a meeting.", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "22", "title": "22. Vacancy in the office of trustee and filling of such vacancy.", "chapter": null, "content": "(a) becomes subject to any disqualification specified in sub-sections (1) and (3) of Section 19 and is removed under Section 28; or\n(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.", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "23", "title": "23. Powers of the trustee.", "chapter": null, "content": "(i) sale, possession, use or consumption of any intoxicating liquor or drug, or cigarettes including beedies and chuttas;\n(ii) gaming with cards, dice, counters, money or other instrument of gaming;\n(iii) sale, possession, preparation or consumption of meat or other food stuffs containing meat;\n(iv) slaughter, killing or maiming of any animal or bird for any purpose.\n(b) Any person contravening an order made by the trustee under clause (a) shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one hundred rupees or with both;\n(c) Every offence punishable under this sub-section shall be cognizable offence within the meaning of the Code of Criminal Procedure 1973.\n(d) Every person contravening an order made by the trustee under clause (a) shall be deemed to be an encroacher' within the meaning of Section 83.\n(i) imports, exports, transports, or possesses liquor or any intoxicating drug or cigarettes including beedies and chuttas;\n(ii) manufactures liquor or any intoxicating drug;\n(iii) cultivates the hemp plant or collects any portion of such plant from which an intoxicating drug can be manufactured;\n(iv) sells liquor or any intoxicating drug;\n(v) consumes or buys liquor or any intoxicating drug;\n(vi) allows any of the acts aforesaid upon the premises in his immediate possession;or\n(vii) sells or possesses, prepares or consumes meat or other food stuffs containing meat; shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to one hundred rupees or with both.\n(b) Every offence punishable under this sub-section shall be cognizable offence within the meaning of the Code of Criminal Procedure, 1973.\n(b) The trustee shall have power to determine and fix place for breaking the coconut within the premises of the temple for the convenience of devotees and to maintain cleanliness in the temple.", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "24", "title": "24. Duties of the trustees.", "chapter": null, "content": "(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;\n(b) shall, at all reasonable times, have free access to such books, accounts, documents, funds, income, monies or other properties.", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "25", "title": "25. Fixation of dittam.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "26", "title": "26. Power of trustee of charitable or religious institution over trustee of specific endowment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "27", "title": "27. Acts of trustees or Board of Trustees not to be invalidated by informality, vacancy etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "28", "title": "28. Suspension, removal or dismissal of trustee.", "chapter": null, "content": "(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.\n(b) disobeys any lawful orders issued under the provisions of this Act or the rules made thereunder, by the Government or the Commissioner [or the Additional Commissioner, or the Regional Joint Commissioner] or the Deputy Commissioner or the Assistant Commissioner;\n(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.\n(d) commits any malfeasance or misfeasance or is guilty of breach of trust or misapproprition in respect of the properties of the institution or endowment.\n(e) becomes subject to any of the disqualifications specified in Section 19; or\n(f) in the case of a religious institution or endowment, ceases to profess Hindu religion.\n[29. Appointment and duties of Executive Officer.\n(a) The Executive Officer appointed under this section shall be responsible for carrying out all lawful directions issued by such trustee from time to time;\n(b) The Executive Officer shall, subject to such restrictions as may be imposed by the Government;\n(i) be responsible for the proper maintenance and custody of all the records, accounts and other documents and of all the jewels, valuables, money, funds and other properties of the Institution or Endowment;\n(ii) arrange for the proper collection of income and for incurring of expenditure;\n(iii) sue or be sued in the name of the institution or Endowment in all legal proceedings;\n(iv) deposit of money received by the institution or Endowment in such Bank or treasury as may be prescribed and be entitled to sign all orders or cheque? against such moneys;\n(v) have power in cases of emergency to direct the execution of any work or the doing of any act which is provided for in the budget for the year or the immediate execution or the doing of which is in his opinion necessary for the preservation of the properties of the institution or endowment or for the service or safety of pilgrims resorting thereto and to direct that the expenses of executing such work or the doing of such work or the doing of such act shall be paid from the funds of the institution or endowment:\n(c) the Executive Officer shall, with the prior approval of the trustee institute any legal proceedings in the name of the institution or endowment or defend , any such legal proceeding;\n(a) The Executive Officer appointed under this section shall be the employee of the Government and the conditions of his service shall be such as may be determined by the Government. The salary, allowances, pension and other remuneration of the Executive Officer shall be paid out of the consolidated fund of the State and later recovered from the Endowment Administrative Fund.\n(b) It shall be the duty of the Executive Officer of every Religious or Charitable Institution to foster faith, devotion and ethical conduct in the society, by facilitating formation of a Bhaktha Samajam attached to each Instituion, on voluntary basis, consisting of the devotees thereof in order to periodically organize Bhajans, Religious discourses devotional and other Religious programmes such as Nagara Sankeertans etc., appropriate to the Custom, Usage, Tradition and Sampradayams of the Instituion concerned.]", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "30", "title": "30. Appointment of Engineering staff.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "31", "title": "31. Appointment of Engineers, Architects and Silpis for each sub-division.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "32", "title": "32. Appointment of Subordinate Officers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "33", "title": "33. Constitution of Endowment services for different officers or classes of officers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "34", "title": "34. Abolition of hereditary rights in Mirasidars, Archakas and other office holders and servants.", "chapter": null, "content": "(b) Any usage or practice relating to the succession to any office or service or post mentioned in clause (a) shall be void;\n(c) All rights and emoluments of any nature in cash or kind or both accrued to and appertaining to any office or service or post mentioned in clause (a) and subsisting on the date of commencement of this Act shall on such commencement stand extinguished.", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "35", "title": "35. Appointment of office holders and servants, etc.", "chapter": null, "content": "(i) any scheme framed, agreement entered or judgment, decree or order passed by any court, tribunal or other authority prior to the commencement of this Act.\n(ii) any custom or usuage; or\n(iii) the principle that he is next in the line of succession to the last holder of office.", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "36", "title": "36. Qualifications for Archaka.", "chapter": null, "content": "(a) if he has passed the Arachaka Examination recognised by the Commissioner;\n(b) if he is not disabled or suffering from any virulent and contagious disease;\n(c) if he is able to recite vedic mantras and slokas relating to rituals with clarity and without any fault.\n(d) if he possesses good conduct and character;\n(e) if he is free from Sapthavyasanams:", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "37", "title": "37. Punishment of office holders and servants.", "chapter": null, "content": "(b) Any office-holder or servant aggrieved by an order passed under sub-section\n(i) the Commissioner, to the Government;\n(ii) the Deputy Commissioner or the Assistant Commissioner, to the Commissioner;\n(b) Any office-holder or servant aggrieved by an order of the trustee under clause (b) of sub-section (3) may, within sixty days from the date of receipt by him of such order, prefer a second appeal to the Commissioner.\n(b) Any office-holder or servant aggrieved an order, passed by the trustee or by the Executive Officer, in pursuance of the direction given under clause (a) may, within sixty days from the date of receipt of the order by him, prefer an appeal to the Commissioner.", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "38", "title": "38. Power of Commissioner, Deputy Commissioner or Assistant Commissioner to punish office-holders etc., in certain cases.", "chapter": null, "content": "(a) the Commissioner, to the Government;\n(b) the Deputy Commissioner, to the Commissioner; and\n(c) the Assistant Commissioner to the Deputy Commissioner; R and any order passed in such appeal shall be final.", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "39", "title": "39. Transfer of office holders and servants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "40", "title": "40. Office holders and servants not to be in possession of jewels etc., except under conditions.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "41", "title": "41. Power of Executive Officer not to implement resolution of the trustee or the Board of Trustees in certain cases.", "chapter": null, "content": "(a) has not been passed in accordance with Law;\n(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;\n(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\n(d) is not beneficial to the institution or endowment. R R the Executive Officer may, without implementing such order or resolution, place the matter before the trustee or Board of Trustees along with a note pointing out the objections to the order or resolution and request the trustee or the Board of Trustees to reconsider the order or resolution.\n(b) Where after the expiry of sixty days from the date on which the order or resolution was placed for reconsideration under sub-section (1) the trustee or Board of Trustees fails to pass further order or resolution as required under clause (a), the Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be, may pass such order as he deems fit;\n(c) Every order passed by the Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be, under clause (a) or clause (b) shall be final and binding on the trustee or Board of Trustees and the Executive Officer.", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "42", "title": "42. Over-riding effect of the provisions of this chapter over the existing corresponding provisions.", "chapter": null, "content": "(i) where such scheme was settled or modified by the Commissioner or the Deputy Commissioner, by such Commissioner or the Deputy Commissioner, as the case may be;\n(ii) where such scheme was settled or modified by the Court, by such Court on an application made to it by the Commissioner, the trustee or any person having interest;\n(b) any person aggrieved by an order under clause (a) may, within thirty days from the date of receipt of the order, appeal\n(i) where it is passed by the Commissioner or the Deputy Commissioner, to the Court;\n(ii) where it is passed by the Court, to the High Court.", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "42", "title": "CHAPTER 4", "chapter": "CHAPTER 4", "content": "Registration of Charitable and Religious Institutions and Endowments", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "43", "title": "43. Registration of Charitable and Religious Institutions and Endowments.", "chapter": null, "content": "(b) On receipt of such application, the Assistant Commissioner concerned shall refer the matter to the Commissioner who will decide as to which of the Assistant Commissioners shall register the endowment and thereupon the application shall be entertained by such Assistant Commissioner.\n(a) in the case of a religious institution or endowment, its origin, nature and denomination; in the case of a charitable institution or endowment, its date of commencement, objects, nature and particulars regarding beneficiaries if any;\n(b) name of the founder, if any, and the names of the past and present trustees ;\n(c) particulars of the institution or endowment and of the grant, the scheme of administration, muntakab, decree or any other record of rights pertaining to the founding of the institution or endowment ;\n(d) names of all offices to which any salary is attached and the nature, time and conditions of service in each case and the names of the present holders thereof;\n(e) names of Sthanacharyas, Archakas, Adhyapakas, Vedaparayanikas and such other persons, responsible for performing worship, and other religious service in the institutions and the particulars, regarding their salaries;\n(f) particulars of the immoveable and moveable properties including jewels, gold, silver, precious stones, vessels and utensils belonging to the institution or endowment with their estimated value and the monies and securities and of the annual income therefrom.\n(g) particulars of all title-deeds and other documents relating to the properties belonging to the institution or endowment ;\n(h) in the case of religious institution, particulars of the idols and other images in the institution or connected therewith, whether intended for worship or for being carried in procession ;\n(i) particulars regarding rights of a special nature, if any, the names of the holders thereof and the customs, usages and practices in force in connection therewith ;\n(j) charges, liabilities and other actionable claims outstanding against the institution or endowment on the date of registration, whether under decree of a court or order of the Government or other competent authority or otherwise ;\n(k) a brief account of the history, legend, sthalapuranam, and the artistic, architectural or achaeological significance of the institution or endowment and other particulars of a like nature ;\n(l) details of the fairs, festivals, daily and periodical worships, service and other religious ceremonies connected with the institution or endowment and the particulars of dittam fixed therefor ; and\n(m) such other particulars as may be prescribed ;\n(a) fails to apply for registration of an institution or endowment within the time specified in sub-section (1) ;\n(b) fails to report the alteration, omissions or additions or to send the certificate of registration as required in sub-section (10) ; or\n(c) furnishes or causes to be furnished to the Assistant Commissioner, any particulars which are false and which he either knows or believes to be false or does not believe to be true ; R he shall be punishable with fine which may extend to one thousand rupees.", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "44", "title": "44. Power of Commissioner to have the institution or endowment registered.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "45", "title": "45. Application in regard to entry or omission to make an entry in register.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "43", "title": "46. Extract from the register maintained under Section 43 to be furnished.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "47", "title": "CHAPTER 5", "chapter": "CHAPTER 5", "content": "Maths and specific endowments attached thereto", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "47", "title": "47. Definition.", "chapter": null, "content": "", "footnote": "", "is_definition": true, "sort_order": 47 }, { "number": "48", "title": "48. Certain sections of Chapter III not to apply to maths or specific endowments attached thereto.", "chapter": "Chapter III", "content": "", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "49", "title": "49. Fixation of dittam.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "50", "title": "50. Padakanukas and other gifts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "51", "title": "51. Removal of Mathadhipathi.", "chapter": null, "content": "(a) is of unsound mind ;\n(b) is suffering from any physical or mental defect or infirmity which renders him unfit to be a mathadhipathi or such trustee ;\n(c) has ceased to profess the Hindu religion or the tenets of the math ;\n(d) has been sentenced for any offence involving moral turptitude, such sentence not having been reversed ;\n(e) is guilty of breach of trust, or mis-appropriation in respect of any of the properties of the math ;\n(f) commits persistent and willful default in the exercise of his powers or performance of his functions under this Act ;\n(g) violates any of the restrictions imposed or practices enjoined by the custom, usage or the tenets of the math, in relation to his personal conduct, such as celibacy, renunciation and the like ;\n(h) leads an immoral life ; or\n(i) fails or ignores to implement the principles set out in clause (17) of Section 2.", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "52", "title": "52. Filling of temporary vacancies in the office of the mathadhipathi.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "53", "title": "53. Filling of permanent vacancies in the office of mathadhipathi.", "chapter": null, "content": "(a) basic knowledge of the Hindu Religion and Philosophy ;\n(b) knowledge of the relevant scriptures and sampradaya to which the math belongs ;\n(c) capacity to impact the knowledge and preach the tenets of the math to the disciples ;\n(d) religious temparment with implicit faith in discipline and practice ; and\n(e) unquestionable moral character.", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "54", "title": "54. Nomination of mathadhipathi.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "55", "title": "55. Power of Commissioner to frame schemes.", "chapter": null, "content": "(a) appointing or directing the appointment of an Executive Officer ;\n(b) constituting a committee consisting of not more than five persons for the purpose of assisting in the whole or any part of the administration of all the endowments of such math or of specific endowment :\n(c) determining the powers and duties of such committee ; and\n(d) any other relevant matter incidental to the framing of such scheme.", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "57", "title": "CHAPTER 6", "chapter": "CHAPTER 6", "content": "Dharmadayam", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "56", "title": "56. Dharmadayam.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "59", "title": "CHAPTER 7", "chapter": "CHAPTER 7", "content": "Budget Accounts and Audit", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "57", "title": "57. Budget of charitable or religious institution or endowment.", "chapter": null, "content": "(i) to the Commissioner, if it is included in the list published under [clause (a) and clause (d)] of Section 6 ;\n(ii) to the Deputy Commissioner, if it is included in the list published under clause (b) of Section 6 ;\n(iii) to the Assistant Commissioner, if it is included in the list published under clause (c) of Section 6.\n(i) the due maintenance of the object of the institution or endowment and the proper performance of and the remuneration for, the services therein, including the dittam for the time being in force :\n(ii) the due discharge of all liabilities and subsisting commitments binding on the institution or endowment ;\n(iii) the maintenance of the working balance ;\n(iv) the arrangement to be made for securing the health, safety or convenience of the disciples, pilgrims, worshippers or other persons resorting to the institution or endowment;\n(v) the contribution to the reserve fund of the institution or endowment at ten per tum of the balance referred to in the proviso to item (iv) above ;\n(vi) the construction, repair, renovation and improvement of the institution or endowment and the buildings connected therewith :\n[(b) Where the budget relates to an institution or endowment whose annual income, as referred to under Section 65, exceeds fifty thousand rupees, the budget shall also make provision for payment of such amount to the common good fund as may be prescribed.]", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "58", "title": "58. Accounts and audit.", "chapter": null, "content": "(b) The accounts of every other institution or endowment, the annual income of which calculated as aforesaid for the financial year immediately preceding is not less than [five two lakhs] , shall be audited annually, or if the Commissioner so directs in any case, at shorter intervals.\n(c) The accounts of any charitable or religious institution or endowment, the annual income of which calculated as aforesaid for the financial year immediately preceding is less than [five two lakhs] , shall be audited annually by an officer subordinate to the Assistant Commissioner and deputed by him for the purpose.", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "59", "title": "59. Authority to whom audit report is to be submitted.", "chapter": null, "content": "(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 ;\n(ii) to the Deputy Commissioner in respect of institutions included in the list published under clause (b) of Section 6 ; and\n(iii) to the Assistant Commissioner in respect of institutions included in the list published under clause (c) of Section 6.", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "60", "title": "60. Contents of audit report.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 62 }, { "number": "61", "title": "61. Rectification of defects in audit, etc.", "chapter": null, "content": "(a) is about to dispose of the whole or any part of his property ; or\n(b) is about to remove the whole or any part of his property from the jurisdiction of the Commissioner, the Commissioner may by an order direct the trustee or other person within a time to be fixed by him either to furnish security in such sum as may be specified in the order or to produce and place at his disposal when required, the said property or the value of the same or such portion thereof as may be sufficient to satisfy the order or to appear and show-cause as to why he should not be asked to furnish security. The Commissioner may also in the order direct conditional attachment of the whole or any portion of such property in the manner prescribed.", "footnote": "", "is_definition": false, "sort_order": 63 }, { "number": "62", "title": "62. Rectification of defects detected by Commissioner.", "chapter": null, "content": "(i) pass an order directing conditional attachment of the whole or any portion of the property of the trustee or other person ;\n(ii) institute such criminal proceedings as may be necessary ; or\n(iii) pass an order of surcharge after obtaining an audit report in this behalf.", "footnote": "", "is_definition": false, "sort_order": 64 }, { "number": "63", "title": "63. Agency to audit accounts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 65 }, { "number": "64", "title": "64. Duty of trustee to give all assistance and facilities to auditors.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 66 }, { "number": "68", "title": "CHAPTER 8", "chapter": "CHAPTER 8", "content": "Finance", "footnote": "", "is_definition": false, "sort_order": 67 }, { "number": "65", "title": "65. Liability of institution or endowment or Dharmadayam to pay annul contribution and audit fees.", "chapter": null, "content": "(a) in relation to Dharmadayam, the total of the amount charged or collected as Dharmadayam during the year of account ;\n(b) in relation to any other income, the proceeds in each year after deducting the amounts specified below :-\n(i) the revenue paid to Government including cesses paid to local authorities;\n(ii) the taxes and lice fees paid to local authorities ;\n(iii) expenditure incurred for the following purposes connected with the direct cultivation of lands held by charitable or religious institution or endowment, namely :-\n(A) maintenance of or repairs to irrigation works which shall not include the capital cost of irrigation works ;\n(B) seeds or seedling ;\n(C) manure ;\n(D) purchase and maintenance of cattle for cultivation ;\n(E) purchase and maintenance of agricultural implements, and\n(F) wages for ploughing, watering, sowing, transplantation, harvesting, threshing and other agricultural operations : Provided that the total deduction in respect of expenditure under this item shall not exceed ten per tum of the income from such lands ;\n(iv) expenditure on sundry repairs to rented buildings, not exceeding ten per tum of the annual rent derived therefrom or actual expenditure whichever is less\n(v) the actual cost of collection of rents not exceeding ten per tum of the amount collected in cases where special staff is employed solely to attend to the work relating to collection of rents due to charitable or religious institution or endowment ; and\n(vi) sale proceeds of immovable properties and rights relating to or arising out of immovable properties, if such proceeds are reinvested to earn income for the charitable or religious institution or endowment.\n(a) advances and deposits recovered and loans taken or recovered;\n(b) deposits made as security by employees, lessees, or contractors and other deposits, if any ;\n(c) withdrawals from the banks or of investments ;\n(d) amount recovered towards costs awarded by courts ;\n(e) sale proceeds of religious books and publications where such sales are undertaken as an unremunerative enterprise with a view to propagate religion ;\n(f) sale proceeds of jewels, vahanams, provisions or other articles or livestock purchased by the charitable or religious institution or endowment ;\n(g) donations in cash or kind by the donors as contributions to capital ;\n(h) abhayams or voluntary contributions received in cash or kind for a specified service in the charitable or religious institution or endowment and expended on such service ;\n(i) actual driage of the agricultural produce or the articles from immovable properties or one per tum of the value of such receipts during the financial year, whichever is less ; and\n(j) audit recoveries.\n[65A. Archakas, other office holders and servants' salary and other emoluments fund.", "footnote": "", "is_definition": false, "sort_order": 68 }, { "number": "66", "title": "66. Assessment of contribution on the trustee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 69 }, { "number": "67", "title": "67. Liability of institution or endowment to pay costs etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "68", "title": "68. Payment of contribution costs, charges and expenses.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 71 }, { "number": "69", "title": "69. Establishment of Endowments Administration Fund.", "chapter": null, "content": "(i) the balance in the fund constituted under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act,1966.\n(ii) the sums due to the Government under Section 64 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act,1966.\n(iii) the contributions and audit fee payable under sub-section (1) of Section 65 when realised.\n(iv) the amounts recovered under sub-section (6) of Section 29 and under Section 30.\n(b) It shall be lawful for the Commissioner to accept to the credit of the said fund, grants or loans from the Government or any grant by any institution or person.\n(i) the sums paid out of the Consolidated Fund of the State in the first instance towards the salaries, allowances, pension and other remuneration of persons appointed by the Government for rendering services under any of the provisions of this Act;\n(ii) any other expenditure incurred by the Government in the course of rendering services to and in connection with administration of the charitable or religious institution or endowment under the provisions of this Act;\n(iii) the loans received from the Government;\n(iv) the cost of publication of journals, manuals, descriptive accounts and other literature relating to Hindu religion or charitable or religious institutions or endowments;\n(v) the expenses of committees or sub-committees thereof constituted for any purpose of this Act by the Government or by any officer or authority subordinate to the Government and specifically authorised by them in this behalf.", "footnote": "", "is_definition": false, "sort_order": 72 }, { "number": "70", "title": "70. Common Good Fund.", "chapter": null, "content": "(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\n(ii) in respect of other charitable institutions and endowments, a fund to be called the Andhra Pradesh Charitable Institutions and Endowments Common Good Fund.\n(b) The Common Good Fund created under item (i) of clause (a) shall be utilised for the following purposes namely.\n[(i) Dhoopa Deepa Naivedhyam which encompasses renovation, preservation and maintenance including payment of salaries to Archakas of Hindu Charitable and Hindu Religious Institutions or Endowments which are in needy circumstances and promotion and propagation of purpose and objects connected therewith:\n(ii) establishment and maintenance of vedapathasalas and schools for the training in archakathwam, adhyapakathwam, Vedaparayanikatwam, silpam, vaidyam or like services;\n(iii) construction of new temples and Kalyanamandapams.\n(c) The Common Good Fund created under item(ii) of clause (a) shall be utilised for the renovation, preservation and maintenance of other charitable institutions or endowments and for the promotion and propagation of purposes and objects connected therewith.", "footnote": "", "is_definition": false, "sort_order": 73 }, { "number": "71", "title": "71. Vesting of Common Good Fund.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 74 }, { "number": "76", "title": "CHAPTER 9", "chapter": "CHAPTER 9", "content": "Surplus funds and utilisation thereof", "footnote": "", "is_definition": false, "sort_order": 75 }, { "number": "72", "title": "72. Utilisation of Surplus Funds.", "chapter": null, "content": "(i) propagation of the religious tenets of the institution or endowment;\n(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.\n(iii) establishment and maintenance of, any institution in which special provision is made for the study of Hindu religion, Philosophy or Sastras or for imparting instruction in Hindu Temple Architecture. and for setting up libraries in connection with such study;\n(iv) grant of aid to any other Hindu religious institution or endowment which is in poor or needy circumstances or which require renovation;\n(v) establishment and maintenance of hospitals and dispensaries for the relief of the pilgrims and worshippers visiting the religious institutions;\n(vi) construction and maintenance of choultries and rest houses for the use and accommodation of pilgrims;\n(vii) provisions of water supply and sanitary arrangement to the pilgrims and worshippers;\n(viii) acquisition of any land or other immovable property for the purpose of the religious institution;\n(ix) construction and maintenance of roads and communications and the lighting thereof for the convenience of the pilgrims and worshippers;\n(x) establishment and maintenance of orphanages for children belonging to Hindu Religion;\n(xi) establishment and maintenance of the Homes for the poor, destitute and helpless, physically disabled persons belonging to Hindu Religion;\n(xii) establishment and maintenance of leprosy asylum for those belonging to Hindu Religion.\n(xiii) payment of the Common Good Fund.", "footnote": "", "is_definition": false, "sort_order": 76 }, { "number": "73", "title": "73. Determination and application of properties and funds of defunct institution or endowment.", "chapter": null, "content": "(a) specifying the properties and funds of the institution or endowment;\n(b) appointing a trustee therefor;\n(c) directing the recovery of any such properties or funds from any persons who may be in possession thereof; and\n(d) laying down that the properties, and funds so specified shall be applied or utilised for the renovation of the institution or endowment and if such renovation is not possible, be appropriated to any one or more of the purposes specified in sub-section (2) of Section 74.\n(a) directing the recovery of such building or place from any person who may be in possession; and\n(b) laying down that it shall be used for religious worship or instruction or for charity as before, or if such use is not possible, be utilised for any one or more of the purposes specified in sub-section (2) of Section 74.", "footnote": "", "is_definition": false, "sort_order": 77 }, { "number": "74", "title": "74. Appropriation of endowments.", "chapter": null, "content": "(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;\n(b) the income or any surplus balance of such institution or endowment has not been utilised or is not likely to be utilised;\n(c) in any of the cases mentioned in Section 158 or in regard to the appropriation of the Dharmadayam sums held in trust under Section 56, the directions of the Commissioner are necessary. the Commissioner shall make an order giving directions as to how the property or money belonging to the institution, endowment or Dharmadayam concerned shall be appropriated. In giving the direction, the Commissioner shall, so far as may be practicable, desirable, necessary or proper in public interest, give effect to the original intention of the founder of institution or endowment was founded.\n(a) if such institution or endowment is a charitable institution or endowment, to any other charitable purpose; and\n(b) if such institution or endowment is a religious institution or endowment, to all or any of the purposes specified in items (i) to (iv) of sub-section (1) of Section 72. Provided that-\n(i) in the case of a charitable institution or endowment which is founded and maintained for the benefit of a section of the public, the endowment shall as far as possible be appropriated for the benefit of that section or for any other charitable purpose of like nature;\n(ii) in the case of religious institution or endowment which is founded and maintained for the benefit of religious denomination or any section thereof, the endowment shall as far as possible be appropriated for the benefit of the denomination or section concerned for all or any of the purposes mentioned in clause (b).", "footnote": "", "is_definition": false, "sort_order": 78 }, { "number": "80", "title": "CHAPTER 10", "chapter": "CHAPTER 10", "content": "Alienation of any immovable property and Resumption of Inam Lands", "footnote": "", "is_definition": false, "sort_order": 79 }, { "number": "75", "title": "75. Lease, sale of inams to be void in certain cases.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 80 }, { "number": "76", "title": "76. Prohibition of transfer of lands granted for rendering service to a religious or charitable institution or endowment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 81 }, { "number": "77", "title": "77. Resumption of Inam Lands.", "chapter": null, "content": "(i) that the holder of the inam has effected a transaction which is null and void under Section 75;\n(ii) that the charitable or religious institution or endowment has ceased to exist or the charity or service has become impossible of performance;\n(iii) that the holder of such inam land has failed to perform or make the necessary arrangements for performing, in accordance with the custom or usage of the institution or endowment, the charity or service for the performance of which the inam land was granted.\n(b) Where only a portion of the inam land is affected, notice shall be given under clause (a) to the holder of such portion as well as to the holder or holders of the other portion or portions to the person in possession of every such portion, where he is not the holder thereof, and to the alienee, if any, of every such portion and the objections of all such persons shall be considered by the Revenue Divisional Officer.\n(b) The order, granting the ryotwari patta under clause (a) shall, on application made to the Revenue Divisional Officer within the time prescribed be executed by him in accordance with such rules as may be made in this behalf.", "footnote": "", "is_definition": false, "sort_order": 82 }, { "number": "78", "title": "78. Appeal.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 83 }, { "number": "79", "title": "79. Prohibition of purchase of immovable property in certain cases.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 84 }, { "number": "80", "title": "80. Alienation of immovable property.", "chapter": null, "content": "(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-\n(i) prudent and necessary or beneficial to the institution or endowment:\n(ii) in respect of immovable property which is uneconomical for the institution or endowment to own and maintain; and\n(iii) the consideration therefor is adequate and proper.\n(c) Every sale of any such immovable property sanctioned by the Commissioner under clause (b) shall be effected by tender-cum-publication in the prescribed manner subject to the confirmation by Commissioner within a period prescribed;\n(b) Where such person fails to deliver possession as aforesaid, before the date specified, the Commissioner may direct the Deputy Commissioner concerned to take action under the provisions of chapter-XI.\n(c) Nothing in this sub-section shall be construed as disentitling the person who is dispossessed of any property under this sub-section from recovering any amount which is lawfully due to him from the institution or endowment under the lease, licence or mortgage, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 85 }, { "number": "81", "title": "81. Invalidation of unauthorised sale.", "chapter": null, "content": "82.", "footnote": "", "is_definition": false, "sort_order": 86 }, { "number": "88", "title": "CHAPTER 11", "chapter": "CHAPTER 11", "content": "Encroachments", "footnote": "", "is_definition": false, "sort_order": 87 }, { "number": "83", "title": "83. Encroachments by persons on land or building belonging to charitable or religious institution or endowment and the eviction of encroachers.", "chapter": null, "content": "[84. Mode of eviction on failure of removal of the encroachments as directed by the Endowments Tribunal.\n[85.", "footnote": "", "is_definition": false, "sort_order": 88 }, { "number": "86", "title": "86. Penalty for offences in connection with encroachment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 89 }, { "number": "91", "title": "CHAPTER 12", "chapter": "CHAPTER 12", "content": "Enquiries]\n[87. Power of Endowments Tribunal to decide certain disputes and matters.\n(a) whether an institution or endowment is a charitable institution or endowment;\n(b) whether an institution or endowment is a religious institution or endowment;\n(c) whether any property is an endowment, if so whether it is a charitable endowment or a religious endowment;\n(d) whether any property is a specific endowment;\n(e) whether any person is entitled by custom or otherwise to any honor, 'emoluments or perquisites in any charitable or religious institution or endowment and what the established usage of such institution or endowment is in regard to any other matter;\n(f) whether any institution or endowment is wholly or partly of a secular or religious character and whether any property is given wholly or partly for secular or religious uses; or\n(g) where any property or money has been given for the support of an institution or endowment which is partly of a secular character and partly of a religious character or the performance of any service or charity connected with such institution or endowment or the performance of a charity which is partly of a secular character and partly of a religious character or where any property or money given is appropriated partly to secular uses and partly to religious uses, as to what portion of such property or money shall be allocated to secular or religious uses;\n(h) whether a person is a founder or a member from the family of the founder of an Institution or Endowment.\n[88. Right of appeal against the decision of the Endowments Tribunal under Section 87.", "footnote": "", "is_definition": false, "sort_order": 90 }, { "number": "89", "title": "89. Compromise how to be made.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 91 }, { "number": "93", "title": "CHAPTER 13", "chapter": "CHAPTER 13", "content": "Appeals, Revision, Review, etc.", "footnote": "", "is_definition": false, "sort_order": 92 }, { "number": "90", "title": "90. Appeal in certain cases.", "chapter": null, "content": "(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.\n(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.", "footnote": "", "is_definition": false, "sort_order": 93 }, { "number": "91", "title": "91. Revision.", "chapter": null, "content": "(i) which has been decided by a court and in which no appeal lies thereto ;\n(ii) which has been decided by the District Court in an appeal under Section 88 ;\n(iii) which has been decided by the Government in an appeal under Section 90 ; or\n(iv) which has been decided by the Government under sub-section (1) of Section 28. If such court or the Government appears -\n(a) to have exercised a jurisdiction not vested in it or them by law ;\n(b) to have failed to exercise a jurisdiction so vested ; or\n(c) to have acted in the exercise of its or their jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit.", "footnote": "", "is_definition": false, "sort_order": 94 }, { "number": "92", "title": "92. Power of the Commissioner to call for records and pass orders.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 95 }, { "number": "93", "title": "93. Power of Government to call for records and pass orders.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 96 }, { "number": "94", "title": "94. Review.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 97 }, { "number": "99", "title": "CHAPTER 14", "chapter": "CHAPTER 14", "content": "Tirumala Tirupathi Devasthanams", "footnote": "", "is_definition": false, "sort_order": 98 }, { "number": "95", "title": "95. Application of the Act to Tirumala Tirupathi Devasthanams.", "chapter": null, "content": "(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;\n(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.", "footnote": "", "is_definition": false, "sort_order": 99 }, { "number": "96", "title": "96. Constitution of Board of Trustees.", "chapter": null, "content": "(i) the Commissioner shall be a member, ex-officio :\n[(i-b) the Chairman, Tirupathi Urban Development Authority constituted under the Andhra Pradesh Urban Areas (Development) Act, 1975 (Act 1 of 1975) shall be a member Ex-officio;]\n(ii) the Executive Officer, shall be the Member-Secretary, Ex- Officio ;\n(iii) three shall be members of the State Legislature ;\n(iv) one shall be a person belonging to the Scheduled Castes ;\n(v) one shall be a woman :\n(a) a person to represent category (iv), where any of the persons appointed under category (iii) or category (v) belongs to the Scheduled Castes ;\n(b) a person to represent category (v) where any one of the persons appointed under category (iii) or category (iv) is a woman :", "footnote": "", "is_definition": false, "sort_order": 100 }, { "number": "97", "title": "97. Powers and functions of the Board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 101 }, { "number": "97A", "title": "97A. Constitution of Committee.", "chapter": null, "content": "(i) the Chairman of the Board, who shall be ex-officio Chairman of the Committee ;\n(ii) the Commissioner, who shall be a member, ex-officio ;\n(iii) the Executive Officer, who shall be the ex-officio Member- Secretary of the Committee ;\n(iv) five other members of the Board to be nominated by the Government one of whom shall be member of the State Legislature :", "footnote": "", "is_definition": false, "sort_order": 102 }, { "number": "97B", "title": "97B. Powers and functions of Committee.", "chapter": null, "content": "(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 ;\n(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 ;\n(iii) The Committee shall have power to fix fees for the performance of archana, or any service or rituals or Utsavam or ceremony connected with the Tirumala Tirupathi Devasthanams ;\n(iv) The committee shall have power to call for such information and accounts as may in its opinion be necessary for reasonably satisfying itself, that the Tirumala Tirupathi Devasthanams are properly maintained, the endowments thereof are properly administered, and their funds are duly appropriated to the purposes for which they were founded or exist ; and the Executive Officer or other officers in possession of such information or accounts shall, on such requisition furnish such information and accounts to the Committee ;\n(v) The Committee shall exercise the general superintendence and control over the administration of the Tirumala Tirupathi Devasthanams in conformity with the policy laid down by the Board;\n(vi) The committee shall fix the dittam in the temples specified in the first Schedule and the endowments attached thereto and the amounts to be spent therefor in such manner and after following such procedure as may be prescribed ;\n(vii) The Committee may, subject to such conditions and restrictions as it may lay down delegate to the Executive Officer such of the powers conferred on it by or under this Act, as it may consider necessary.", "footnote": "", "is_definition": false, "sort_order": 103 }, { "number": "98", "title": "98. Qualifications and disqualifications for Chairman and members of Board or Committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 104 }, { "number": "99", "title": "99. Term of office of Chairman and Members of the Board or Committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 105 }, { "number": "100", "title": "100. Chairman and members not to receive or be paid salary or other remuneration.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 106 }, { "number": "101", "title": "101. Resignation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 107 }, { "number": "102", "title": "102. Cessation of office members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 108 }, { "number": "103", "title": "103. Suspension or removal of Chairman or member.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 109 }, { "number": "104", "title": "104. Casual vacancy in the office of the Chairman or member.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 110 }, { "number": "105", "title": "105. Dissolution and reconstitution of Board or Committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 111 }, { "number": "106", "title": "106. Appointment of Executive Officer, Joint Executive Officer, Special Grade Deputy Executive Officer and Financial Advisor and Chief Accounts Officer etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 112 }, { "number": "107", "title": "107. Qualifications for appointment of Executive Officer, Joint Executive Officer, Special Grade Executive Officer, Financial Advisor and Chief Accounts Officer etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 113 }, { "number": "108", "title": "108. Term of appointment of Executive Officer and Joint Executive Officer.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 114 }, { "number": "106", "title": "109. Powers and functions of Officers appointed under Section 106.", "chapter": null, "content": "(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.\n(c) Save as otherwise provided in this Chapter he shall exercise such other powers and perform such other functions as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 115 }, { "number": "110", "title": "110. Extraordinary powers of the Executive Officer.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 116 }, { "number": "111", "title": "111. Funds of the Tirumala Tirupathi Devasthanams.", "chapter": null, "content": "(i) the maintenance, management and administration of the temples specified in the First Schedule and the endowments and the properties thereof including the conduct or performance of religious rituals, functions and festivals connected therewith ;\n(ii) the maintenance, management or administration of the educational or other institutions specified in the Second Schedule and the endowments and the properties thereof :\n(iii) propagation of Hindu religion by way of printing and publication of literature on religion and sale thereof at concessional price ;\n(iv) propagation, promotion and popularisation of study of Vedas, Hindu religion, philosophy or sastras, Indian Languages, including Sanskrit, Sculpture, Hindu temple architecture and epigraphy ;\n(v) training of archakas to perform religious worship and ceremonies and the training of Adhyapakas and Vedaparayanikas ;\n(vi) construction and maintenance of choultries and rest houses for the use and accommodation of the pilgrims ;\n(vii) provision of water supply and other sanitary arrangements to the pilgrims and the worshippers ;\n(viii) establishment and maintenance of hospitals and dispensaries for the relief of the pilgrims and worshippers visiting the temples ;\n(ix) construction and maintenance of roads and communications and the lighting thereof for the convenience of the pilgrims and worshippers ;\n(x) acquisition of any land or other immovable property for the purpose of the Tirumala Tirupathi Devasthanams, if such acquisition is authorised by the Government ;\n(xi) establishment and maintenance of dairy farm and a veterinary hospital for the animals of the Tirumala Tirupathi Devasthanams ;\n(xii) any work or undertaking for purposes of the Tirumala Tirupathi Devasthanams, authorised by the Government ; and\n(xiii) any other religious or charitable purposes connected with or incidental to the Tirumala Tirupathi Devasthanams as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 117 }, { "number": "112", "title": "112. Establishment of [Hindu Dharma Prachara Parishad] .", "chapter": null, "content": "(i) promotion and propagation of the Hindu Dharma;\n(ii) the establishment and maintenance of institutions for imparting instructions in the Hindu Dharma;\n(iii) preparation, publication and dissemination of literature relating to the Hindu Dharma;\n(iv) training of dharmacharyas, dharmapracharakas and such other personnel as may be required for propagation of the Hindu Dharma;\n(v) establishment and maintenance of institutions for imparting training in Vedas, Agamas and Powrohityam and for conducting examinations for awarding certificates in Veda,Agama and Powrohityam;\n(vi) any other purpose connected with or incidental to the aforesaid objects.", "footnote": "", "is_definition": false, "sort_order": 118 }, { "number": "113", "title": "113. Establishment of Sri Venkateswara Sishtacharya Vidya Samstha.", "chapter": null, "content": "(i) the running of Gurukulas for imparting Vedic knowledge in the traditional manner ;\n(ii) the implementation of Niyamadhyayana and Kumaradhyayana schemes of imparting Vedic knowledge ;\n(iii) the running of an upto date high level institute of Vedic learning and research ;\n(iv) the giving of financial aid to indigent Vedic Schools and indigent Veda Scholars or Veda Pandits ;\n(v) the selection and training of Veda Pandits for the various Vedaparayana schemes of Tirumala Tirupathi Devasthanams ;\n(vi) generally to attend to all matters pertaining to the preservation and propagation of Vedic system by the Tirumala Tirupathi Devasthanams ; and\n(vii) any other matter incidental and relevant to Vedic studies or Vedic knowledge.", "footnote": "", "is_definition": false, "sort_order": 119 }, { "number": "114", "title": "114. Civic Administration of Tirumala Hills Area.", "chapter": null, "content": "(b) Without prejudice to the generality of the foregoing provisions, -\n(i) the Tirumala Hills area as notified under sub-sec. (1) shall be deemed to be a village for the purposes of the Andhra Pradesh Gram Panchayats Act, 1964 and a local area for the purposes of the Andhra Pradesh (Andhra Area) Public Health Act, 1939 ;\n(ii) all references to a Gram Panchayat, the Sarpanch, Executive Officer or Executive authority thereof in the Andhra Pradesh Gram Panchayats Act, 1964 ; and all references to a local authority, executive authority or Executive Officer in the Andhra Pradesh (Andhra Area) Public Health Act, 1939, shall subject, to the provisions of sub-clauses (iii) and (iv) be construed as references to the Executive Officer in the said Tirumala Hills area;\n(iii) any appeal provided for by or under the Andhra Pradesh Gram Panchayats Act, 1964, from an order or decision of the Sarpanch, executive authority or Executive Officer of a Gram Panchayat to the Gram Panchayat, shall lie instead to the Commissioner of Panchayati Raj ;\n(iv) any appeal provided for by or under the Andhra Pradesh (Andhra Area) Public Health Act, 1939 from an order or decision of the executive authority or Executive Officer of a local authority to the local authority, shall lie instead to the Director of Medial and Health Services.\n(i) begging by any person ;\n(ii) straying of any cattle, pigs or dogs ;\n(iii) possession, use or consumptions of any intoxicating liquor or drug or cigerattes including beedies and chuttas ;\n(iv) possession, preparation or consumption of meat or other foodstuffs containing meat ;\n(v) slaughter, killing or maiming any animal or bird for any reason ;\n(vi) gaming with cards, dice, counters, money or other instruments of gaming ;\n(vii) tonsuring or hair-cutting or opening and running of a hair- dressing saloon by any person other than a person authorised or employed by the Executive Officer.\n[(viii) tonsuring or hair-cutting in places other than those earmarked for the said purpose by the Executive Officer.\n(ix) unlicensed Hawkers and Vendors.\n(x) dealing in any manner with Seva Ticket, Prasadam and accommodation belonging to the Tirumala Tirupathi Devasathanam except at such places and by persons specially authorized in this behalf by him.]\n(b) Any person contravening an order made by the Executive Officer under clause (a) shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.\n(c) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under clause (b) shall be tried in a summary way by a Magistrate of the First Class specially empowered in this behalf by the Government.\n(d) The Executive Officer may accept from any person who has committed or is reasonably suspected of having committed an offence under clause (b) a sum not exceeding five hundred rupees by way of compounding the offence which may have been committed.\n(e) On receipt of the sum of money referred to in clause (d) by the Executive Officer :-\n(i) the accused person, if in custody, shall be discharged ;\n(ii) no further proceedings shall be taken against such person.\n(b) The Executive Officer may -\n(i) place the collection of such tolls under the management of such persons as may appear to him proper ; or\n(ii) farm out such collections on such terms and conditions as he may think fit.\n(c) The provisions of Sections 3, 4, 5, 6 and 7 of the Indian Tolls Act, 1851 in force for the time being in the State shall apply to the collection of such tolls and persons under whose management the collection of such tolls may be placed, as well as the persons to whom such collections may be farmed out and their agents and servants shall be deemed to be persons appointed to collect tolls within the meaning of that Act.", "footnote": "", "is_definition": false, "sort_order": 120 }, { "number": "115", "title": "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.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 121 }, { "number": "116", "title": "116. Budget.", "chapter": null, "content": "(i) the due performance of the objects of the Tirumala Tirupathi Devasthanams and the proper performance of and the remuneration for the services therein including the dittam for the time being in force ;\n(ii) the due discharge of all liabilities and subsisting commitments binding on the Tirumala Tirupathi Devasthanams ;\n(iii) the maintenance of the working balance ;\n(iv) the arrangement to be made for securing the health, safety or convenience of the pilgrims, worshippers or other persons resorting to the Tirumala Tirupathi Devasthanams : Provided that the provision made under this item shall not be less than forty per centum of the balance of the income for the financial year maintained after making provision for items (i), (ii) and (iii) above ;\n(v) the contribution to the reserve fund of the Tirumala Tirupathi Devasthanams as ten per centum of balance referred to in the proviso to item (iv) above ;\n(vi) the construction, repair, renovation and improvement of the Tirumala Tirupathi Devasthanams and the buildings connected therewith : Provided that the provision made under this item shall not be less than thirty per centum of the balance of income for the financial year maintained after making provision for items (i), (ii), (iii) and (iv) above.\n(b) The budget shall also make provision for the payment of an amount of five per centum of [the annual income as referred to under Section 65] or rupees one crore twenty- five lakhs whichever is higher to the Common Good Fund created under Section 70.", "footnote": "", "is_definition": false, "sort_order": 122 }, { "number": "117", "title": "117. Accounts and Audit.", "chapter": null, "content": "(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.\n[118. Encroachments.\n[119. Enquiries.", "footnote": "", "is_definition": false, "sort_order": 123 }, { "number": "120", "title": "120. Appeals.", "chapter": null, "content": "(i) the Joint Executive Officer or Executive Officer under any provision of this chapter or any rules made thereunder to the Committee.\n(ii) the Committee under any provision of this chapter or any rules made thereunder, to the Government :", "footnote": "", "is_definition": false, "sort_order": 124 }, { "number": "121", "title": "121. Revision.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 125 }, { "number": "122", "title": "122. Review.", "chapter": null, "content": "[123. Right of preemption.", "footnote": "", "is_definition": false, "sort_order": 126 }, { "number": "124", "title": "124. Oath of Office.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 127 }, { "number": "125", "title": "125. Administration Report.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 128 }, { "number": "126", "title": "126. Meeting of the Board or Committee.", "chapter": null, "content": "(a) of the Board shall be five of which one shall be the Chairman or the Commissioner.\n(b) of the Committee shall be two of which one shall be the Chairman or Commissioner.", "footnote": "", "is_definition": false, "sort_order": 129 }, { "number": "127", "title": "127. Acts of the Board or Committee not to be invalidated by informality, vacancy etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 130 }, { "number": "128", "title": "128. Committee to be in possession of institutions and properties.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 131 }, { "number": "129", "title": "129. Suits and legal proceedings by or against Tirumala Tirupathi Devasthanams.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 132 }, { "number": "130", "title": "130. Cost of Proceedings etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 133 }, { "number": "131", "title": "131. Annual Inspection.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 134 }, { "number": "136", "title": "CHAPTER 15", "chapter": "CHAPTER 15", "content": "Miscellaneous", "footnote": "", "is_definition": false, "sort_order": 135 }, { "number": "132", "title": "132. Power of the Commissioner to transfer proceedings etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 136 }, { "number": "133", "title": "133. Duty of trustees, etc., to handover charge to successor and procedure for recovery of possession of institution, etc., in case of default.", "chapter": null, "content": "(a) is or has been a trustee on the ground of succession of an institution or endowment ; or\n(b) is appointed as trustee, Executive Officer, Office holder or servant of such institution or endowment ; or\n(c) is appointed to discharge the functions of a trustee of such institution or endowment in accordance with the provisions of this Act, in any scheme in force at the time of commencement of this Act. ceases to be such hereditary trustee, trustee, Executive Officer, Office-holder or servant or ceases, to discharge the functions of the trustee (hereinafter referred to as the ex-office- holder') on account of the expiry of his term of office or by reason of his suspension, removal or dismissal from office, it shall be the duty of such ex-office-holder, to handover charge of his office and deliver possession of the records, accounts, properties of the institution or endowment including cash to the person who succeeds him or is appointed in his place (hereinafter called the successor') or to the Executive Officer within seven days from the date of service in the prescribed manner of the order directing him to hand over charge of the office to his successor or to the Executive Officer, and if he fails to do so without sufficient cause, he shall be punishable with fine which may extend to one thousand rupees.\n(b) Every application made under clause (a) shall be accompanied by a certified copy of the order of appointment of the successor alongwith a certificate issued by the Commissioner in such form and afterfollowing such procedure as may be prescribed stating that the records,accounts and properties specified therein belong to the institution or endowment.", "footnote": "", "is_definition": false, "sort_order": 137 }, { "number": "134", "title": "134. Trustee not to lend or borrow money without sanction.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 138 }, { "number": "135", "title": "135. Dissolution of the Board of Trustees.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 139 }, { "number": "136", "title": "136. Costs of proceedings etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 140 }, { "number": "137", "title": "137. Appointment of specified authority by Government incertain cases.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 141 }, { "number": "138", "title": "138. Public Officers to furnish copies of or extracts from certain documents.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 142 }, { "number": "139", "title": "139. Power to enter and inspect.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 143 }, { "number": "140", "title": "140. Bequest under will for benefit of charitable or religious institution or endowment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 144 }, { "number": "141", "title": "141. Court fee to be paid as specified in the Third Schedule of Act VII of 1956.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 145 }, { "number": "142", "title": "142. Savings.", "chapter": null, "content": "(a) affect any honour to which any person is entitled by custom,the performance of or interference with the religious worship, ceremoniesand poojas in religious institutions according to the sampradayams and Agamas followed in such institutions ; or\n(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.", "footnote": "", "is_definition": false, "sort_order": 146 }, { "number": "143", "title": "143. Property of charitable or religious institution or endowment not to vest under the law of limitation after commencement of this Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 147 }, { "number": "144", "title": "144. Abolition of shares in Hundi and other rusums.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 148 }, { "number": "145", "title": "145. Adoption or amalgamation of institutions and Endowments.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 149 }, { "number": "146", "title": "146. Constitution of Renovation Committee and its liability.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 150 }, { "number": "147", "title": "147. Imposing of fines and execution.", "chapter": null, "content": "(a) refuses, neglects or fails to comply with the provisions of Sections 43, 56 or 133 ;\n(b) refuses, neglects or fails to furnish such accounts, returns,reports or other information relating to the administration of theinstitution or endowment or its funds, property or income or the applicationthereof, at such time and in such manner as the Commissioner, theAdditional Commissioner, the Regional Joint Commissioner, the DeputyCommissioner or the Assistant Commissioner may require ; or\n(c) refuses to permit, or causes obstruction to, or inspection by the Commissioner, Additional Commissioner, Joint Commissioner,Regional Joint Commissioner, Deputy Commissioner, or an AssistantCommissioner, of any movable or immovable property belonging to orof any records, correspondence, plans, accounts and other documentsrelating to the institution or endowment, neglects or fails to producethem for inspection ; the trustee or where there is more than onetrustee, each of the trustees shall be punishable with fine whichmay extend to two hundred rupees, and in case the act or default complainedof continues for more than one month with a further fine which mayextend to one hundred rupees for every week or part thereof during whichthe act or default so continues.", "footnote": "", "is_definition": false, "sort_order": 151 }, { "number": "148", "title": "148. Recovery of contributions etc., as arrears of land revenue.", "chapter": null, "content": "(i) requiring him to pay within fifteen days from the date of service thereof, the amount mentioned in the requisitions and specifiedin the notice ; and\n(ii) stating that on default, such amount will be recoveredas if it were an arrear of land revenue.\n(b) If, within the period of fifteen days aforesaid the amount demanded is not paid, the Revenue Divisional Officer or Deputy Commissionershall proceed to recover the amount specified in the notice togetherwith the charges oflection, as if it were an arrear of land revenue.", "footnote": "", "is_definition": false, "sort_order": 152 }, { "number": "149", "title": "149. Procedure and powers at enquiries under this Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 153 }, { "number": "150", "title": "150. Notifications, orders etc., under the Act not to bequestioned in Courts of law.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 154 }, { "number": "151", "title": "151. Bar of Jurisdiction.", "chapter": null, "content": "[152. Constitution of Andhra Pradesh Dharmika Parishad.\n(i) Minister for Endowments who shall be the Chairman;\n(ii) The Principal Secretary/Secretary to Government, Revenue Department in charge of religious and Charitable Institutions and Endowments;\n(iii) The Commissioner of Endowments who shall be member secretary;\n(iv) The Executive Officer, Tirumala Tirupathi Devasthanams;\n(v) one representative each from the Chairmen of Boards of Trustees from Section 6(a)(i) and (ii), Section 6(b)(i) and (ii), Section 6(c)(i) and (ii) and two Mathadhipathis published under Section 6(d) of the Act;\n(vi) Retired Senior Officer of the Government who is a devout Hindu and has experience of and commitment to improve the Hindu Temple system, to be nominated by the Government;\n(vii) A retired senior officer of the endowments department;\n(viii) Retired judge of the High Court who is a devout Hindu and has commitment to improve the Hindu Temple system;\n(ix) A legal luminary/Advocate aged more than 62 years who is a devout Hindu and has experience and has commitment to improve the Hindu Temple system.\n(x) two prominent philanthropists who have a track record of establishment, maintenance and supporting various endowments, Charitable and Hindu religious institutions to be nominated by the Government;\n(xi) two Agama pandits to be nominated by the government;\n(xii) one chartered accountant who is a devout Hindu and has a commitment to improve the Hindu Temple system, to be nominated by the Government.", "footnote": "", "is_definition": false, "sort_order": 155 }, { "number": "153", "title": "153. Power to make rules.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 156 }, { "number": "154", "title": "154. Exemptions.", "chapter": null, "content": "(a) any charitable institution or endowment the administration of which was or is for the time being vested -\n(i) in the Government either directly or through a Committee or Treasurer of Endowments, appointed for the purpose ;\n(ii) in the official Trustee or in the Administrator General;\n(b) any charitable institution or endowment founded for educational purpose or for providing medical relief ; or\n(c) any institution or endowment which is being well managed by the founder ; or\n(d) any institution or endowment ; and may likewise vary or cancel such exemption.", "footnote": "", "is_definition": false, "sort_order": 157 }, { "number": "155", "title": "155. Repeals and Savings.", "chapter": null, "content": "(a) all rules made, notifications or certificates issued,orders passed, decision made, proceedings taken and other things doneby any authority or officer under the repealed Acts shall in so faras they are not inconsistent with this Act be deemed to have beenmade, issued, passed, taken or done by the appropriate authority orofficer under the corresponding provisions of this Act and shall haveeffect accordingly until they are modified, cancelled or supersededunder the provisions of this Act ;\n(b) all powers conferred and all duties imposed by any schemein force before the commencement of this Act on any court or judgeor any other person or body of persons not being a trustee, an honoraryofficer or servant of the charitable or religious institution or endowmentshall be exercised and discharged by the Commissioner, the DeputyCommissioner or the Assistant Commissioner, as the case may be, inaccordance with the provisions of this Act ;\n(c) all proceedings pending before the Government, any officer,or authority or a trustee under the provisions of the repealed Actsat the commencement of this Act may, in so far as they are not inconsistentwith the provisions of this Act, be continued by the appropriate authorityunder this Act ;\n(d) any remedy by way of of application, suit or appealwhich is provided by this Act, shall be available in respect of proceedings under the repealed Acts pending at the commencement of this Act, asif the proceedings in respect of which the remedy is sought had been instituted under this Act ;\n(e) Every member of the Board of Trustees other than a hereditarytrustee, Chairman and members of the Tirumala Tirupathi DevasthanamsBoard lawfully holding office on the date of commencement of thisAct shall be deemed to have been duly appointed or as the case maybe duly nominated under this Act and shall continue to act as such for the residue of the term of his office and every Board of Trusteesor the Board lawfully constituted on the date of commencement of thisAct, shall be deemed to have been duly constituted as a Board of Trusteesunder this Act, and thereupon exercise all the powers and dischargeall the duties entrusted to them under this Act ;\n(f) Every trustee whose term of office had expired prior tothe date of commencement of this Act, but who continues in officebeyond such date with the concurrence of the competent authority,shall continue as such until a new trustee is appointed under thisAct unless in the meanwhile he is removed, dismissed or has resignedor otherwise ceases to be a trustee.", "footnote": "", "is_definition": false, "sort_order": 158 }, { "number": "156", "title": "156. Certain enactments cease to apply to charitable andreligious institutions.", "chapter": null, "content": "(a) the Andhra Pradesh (Andhra Area) Endowments and EscheatsRegulation, 1817 ;\n(b) the Religious Endowments Act, 1863 ;\n(c) the Charitable Endowments Act, 1890 ;\n(d) the Charitable and Religious Trusts Act, 1920 ; and\n(e) Sections 92 and 93 of the Code of Civil Procedure, 1908.", "footnote": "", "is_definition": false, "sort_order": 159 }, { "number": "157", "title": "157. Trustees etc., to be public servants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 160 }, { "number": "158", "title": "158. Validation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 161 }, { "number": "159", "title": "159. Power to remove difficulties.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 162 }, { "number": "160", "title": "160. Overriding effect of the Act.", "chapter": null, "content": "[161. Archakas and other employees welfare fund.\n[162. Constitution of Endowments Tribunal.\nFirst Schedule 1\n[See Section 2 (28)", "footnote": "", "is_definition": false, "sort_order": 163 }, { "number": "1", "title": "1. Sri Varahaswami.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 164 }, { "number": "2", "title": "2. Sri Bhashayakarulavari Temple No.1.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 165 }, { "number": "3", "title": "3. Sri Bedi Hanumantharayaswami,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 166 }, { "number": "4", "title": "4. Sri Kshetrapalaka,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 167 }, { "number": "5", "title": "5. Sri Deva Bashyakarlu,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 168 }, { "number": "6", "title": "6. Sri Anjaneyaswami, (in fornt of Sri Varahaswami)", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 169 }, { "number": "1", "title": "1. Sri Saley Nancharamma,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 170 }, { "number": "2", "title": "2. Sri Choodikodutta Nancharamma (Sri Andal),", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 171 }, { "number": "3", "title": "3. Sri Mandal Alwar,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 172 }, { "number": "4", "title": "4. Sri Chakrath Alwar,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 173 }, { "number": "5", "title": "5. Sri Madhurakavi Alwar,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 174 }, { "number": "6", "title": "6. Sri Anjaneya swami (Near Dhwajastambham),", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 175 }, { "number": "7", "title": "7. Sri Anjaneya swami (Near Pedda Bugga),", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 176 }, { "number": "8", "title": "8. Sri Manavala Mahamuni,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 177 }, { "number": "9", "title": "9. Sri Nammalwar,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 178 }, { "number": "10", "title": "10. Sri Vedanta Desikula,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 179 }, { "number": "11", "title": "11. Sri Woolu Alwar,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 180 }, { "number": "12", "title": "12. Sri Tirumala Nambi,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 181 }, { "number": "13", "title": "13. Sri Bhashyhakarulu No.II,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 182 }, { "number": "14", "title": "14. Sri Tirumangal Alwar,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 183 }, { "number": "15", "title": "15. Sri Kurath Alwar,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 184 }, { "number": "16", "title": "16. Sri Sanjeevaraya swami,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 185 }, { "number": "17", "title": "17. Sri Parthsarathi swami,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 186 }, { "number": "18", "title": "18. Sri Venkateshswara swami.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 187 }, { "number": "1", "title": "1. Sri Krishna swami,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 188 }, { "number": "2", "title": "2. Sri Suryanarayana swami, and", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 189 }, { "number": "3", "title": "3. Sri Sundararaja swami,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 190 }, { "number": "1", "title": "1. Sri Agasteeswara swamy,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 191 }, { "number": "2", "title": "2. Sri Sri Papeswara swamy,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 192 }, { "number": "3", "title": "3. Sri Avanakshiyamma,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 193 }, { "number": "4", "title": "4. Sri Veerabhadra swamy,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 194 }, { "number": "5", "title": "5. Sri Sakthivinakakar.", "chapter": null, "content": "Second Schedule\n[See Section 2 (28)]", "footnote": "", "is_definition": false, "sort_order": 195 }, { "number": "1", "title": "1. Sri Venkateswara High School Tirupathi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 196 }, { "number": "2", "title": "2. Sri Venkateswara High School Vellore", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 197 }, { "number": "3", "title": "3. Sri Venkateswara college Tirupati", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 198 }, { "number": "4", "title": "4. Sri Padmavathi college for Women Tirupathi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 199 }, { "number": "5", "title": "5. Sri Venkateswara college of Music and Dance Tirupathi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 200 }, { "number": "6", "title": "6. Sri Venkateswara Oriental college Tirupathi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 201 }, { "number": "7", "title": "7. Sri Venkateswara High School Tirupathi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 202 }, { "number": "8", "title": "8. Sri Venkateswara Veda Patasala Tirumala", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 203 }, { "number": "9", "title": "9. Sri Venkateswara Upper Primary School Tirumala", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 204 }, { "number": "10", "title": "10. Sri Venkateswara Upper Primary School Tirupathi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 205 }, { "number": "11", "title": "11. Sri Venkateswara Nadaswaram School Tirupathi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 206 }, { "number": "12", "title": "12. Sri Venkateswara Institute of Traditional Sculpture and Architecture Tirupathi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 207 }, { "number": "13", "title": "13. Sri Venkateswara college New Delhi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 208 }, { "number": "14", "title": "14. Sri Govindarayaswamy Arts collge for Men Tirupathi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 209 }, { "number": "15", "title": "15. Sri Vedanta Vardhini Sanskrit college Hyderabad", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 210 }, { "number": "16", "title": "16. Sri Padmavathi Girls High School Tirupathi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 211 }, { "number": "17", "title": "17. Sri Venkateswara Oriental High School Tirupathi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 212 }, { "number": "18", "title": "18. Sri Padmavathi Women's Polytechnic Tirupathi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 213 }, { "number": "19", "title": "19. Nursery school attached to S.P.W. college Tirupathi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 214 }, { "number": "20", "title": "20. Sri Venkateswara Sanskruth Agama Vidya Kendram Tirumala", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 215 }, { "number": "21", "title": "21. Sri Venkateswara Junior college Tirupathi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 216 }, { "number": "22", "title": "22. Sri Venkateswara School for Deaf, Dumb and Blind Tirupathi", "chapter": null, "content": "23. --", "footnote": "", "is_definition": false, "sort_order": 217 }, { "number": "24", "title": "24. S.V.School of Deaf Warangal", "chapter": null, "content": "25. --", "footnote": "", "is_definition": false, "sort_order": 218 }, { "number": "26", "title": "26. Sri Kapaliswar Swamy Elementary School at Thatithopu NearCherlopalle Tirupathi", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 219 }, { "number": "1", "title": "1. Sri Venkateswara Home for the Disabled and Physically Handicapped, Tirupathi (S.V. Poor Home).", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 220 }, { "number": "2", "title": "2. Sri Venkateswara Balamandir, Tirupathi.", "chapter": null, "content": "3. (Omitted by G.O.Ms.No.42 (Rev) dt.22-1-1990.)\n4. (Omitted)\n5. ....................................", "footnote": "", "is_definition": false, "sort_order": 221 }, { "number": "6", "title": "6. Super Specialities Hospital Tirupathi (G.O.Ms.No.512 (Rev)(Ends) dt.6-6-1990.", "chapter": null, "content": "Schedule 3\n[Xxxx]", "footnote": "", "is_definition": false, "sort_order": 222 } ], "metadata": { "Act ID": "Last Updated 27th May, 2020 [ap129]", "Act Number": "(Andhra Pradesh Act No. 30 of 1987)", "Enactment Date": "", "Act Year": "1987", "Short Title": "The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987", "Type": "STATE", "Location": "Andhra Pradesh" }, "updated_at": "2026-09-29 21:55:19" }