The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959

Keywords : Charitable Endowment, Hereditary Trustee, Incorporated Devaswoms, Math, Religious Charity, Religious Endowment, Religious Institution, Specific Endowment, Temple, Trustee

Amendments appended: 19 of 1968, 2 of 1971, 50 of 1974, 24 of 1976, 42 of 1978, 2 of 1987, 46 of 1991, 38 of 1992, 18 of 1993, 19 of 1993, 30 of 1994, 39 of 1994, 25 of 1995, 38 of 1995, 39 of 1996, 38 of 1998, 52 of 1999, 50 of 2002, 10 of 2003, 25 of 2003, 28 of 2003, 1 of 2006, 15 of 2006, 13 of 2007, 4 of 2008

THE-TAMIL-NADU-HINDU-RELIGIOUS-AND-CHARITABLE-ENDOWMENTS-ACT-1959 Download

CHAPTER – I
PRELIMINARY

Short title, extent, application and commencement
Power to extend Act to Jain Religious Institutions and Endowments.
Power to extend Act to Charitable Endowments
Exemptions
Certain Acts not to apply to Hindu Religious Institutions and
Endowments
Definitions
Constitution of Advisory Committee
7-A. Constitution of District Committee
CHAPTER – II
THE COMMISSIONER AND OTHER CONTROLLING AUTHORITIES
Authorities under the Act
Government to appoint Commissioner, etc.
Commissioner etc. to be Hindus
Commissioner to be corporate sole
Commissioner, etc. to be servants of Government
Delegation to Additional Commissioner, Joint Commissioners or Deputy
Commissioners
13-A. Powers and duties of Additional Commissioner and Joint Commissioner
Territorial jurisdiction and powers and duties of Assistant
Commissioners
15-20 [Omitted]
Powers of Commissioner to call for records and pass orders
21-A. Powers of Joint or Deputy Commissioner to call for records and pass
orders
Other powers of Commissioner
CHAPTER – III
RELIGIOUS INSTITUTIONS
GENERAL PROVISIONS
Power and duties of Commissioner in respect of temples and religious
endowments
Power to enter religious institutions
Commissioner etc., to observe appropriate forms and ceremonies
(ii)
25-A. Qualifications of trustees
Disqualifications of trustees
Trustee bound to obey orders issued under Act
Care required of trustee and his powers
Preparation of register for all institutions
Annual verification of the register
Submission of register once in ten years
Trustee to furnish accounts, returns, etc.
Inspection of property and documents
Alienation of immovable trust property
34-A. Fixation of lease rent
34-B. Termination of lease of immovable property
34-C. Payment of amount
34-D. Bar of jurisdiction of Civil Court
Authority of trustee to incur expenditure for securing health, etc., of
pilgrims and worshippers and for training of archakas, etc.,
Utilisation of surplus funds
36-A. Utilisation of surplus funds for Hindu marriages
36-B. Utilisation of surplus funds for making contribution towards any funds
for the purposes of feeding the poor etc.
Appeals
Enforcement of service or charity in certain cases
Power of trustee of math or temple over trustees of specific endowments
Enfranchisement of lands, etc., held by a devadasi on condition of service
in a temple
Resumption and re-grant of inam granted for performance of any charity
or service
Office-holders and servants of religious institutions not to be in
possession of jewels, etc., except under conditions
The Commissioner to sanction compromise of legal proceedings
43-A. Appointment and duties of Executive Officer in temples under Maths.
RELIGIOUS INSTITUTIONS OTHER THAN MATHS OR SPECIFIC ENDOWENTS
ATTACHED THERETO
Sections 45 to 58 not to apply to maths or specific endowments attached
to maths
Appointment and duties of Executive Officers
Commissioner to publish list of certain institutions
46-A. Omitted.
Trustees and their number and term of offices
47-A. Delegation of powers by Government.
Chairman
Power of Assistant Commissioner to appoint trustees and fit persons
(iii)
49-A. Existing trustees in the case of religious institutions first included in the
list under section 46 to cease to hold office
49-B. Power of executive officer and Chairman of Board of Trustees not to
implement order or resolution of the trustee or Board of Trustees in
certain cases
Power under sections 47, 49 and 49-A to be exercisable notwithstanding
provisions in scheme
Claims of certain persons to be trustees
Non-hereditary trustees holding office on the date of the commencement
of the Act
Power to suspend, remove or dismiss trustees
Filling up of vacancies in the offices of hereditary trustee
Appointment of office-holders and servants in religious institutions
Punishment of office holders and servants in religious institutions
Power to fix fees for services etc., and to determine their appointment
Fixing of standard scales of expenditure
CHAPTER IV
MATHS
Suit for removal of trustee of math or specific endowment attached
thereto
Arrangements when vacancies occur
Fixing of standard scales of expenditure
Power to spend Pathakanika
CHAPTER V
INQUIRIES
Joint Commissioner or Deputy Commissioner to decide certain disputes
and matters
Power of Joint Commissioner or Deputy Commissioner to settle schemes
Power of Commissioner to settle schemes
Appropriation of endowments
Determination and application of properties and funds of defunct
religious institutions
Joint Commissioner or Deputy Commissioner to forward copies
Appeal to the Commissioner
Suits and appeals
CHAPTER VI
NOTIFIED RELIGIOUS INSTITUTIONS
Issue of notice to show cause why institution should not be notified
Consideration of objections, if any, and notification of institution
Scheme to lapse on notification
Appointment of salaried executive officer
(iv)
Section 64 not to apply to notified institutions
75-A. Notification under Chapter VI-A of Tamil Nadu Act II of 1927 to continue
in force
75-B. Further continuance of notification under Chapter VI-A of Tamil Nadu
Act II of 1927.
75-C. Right to suit.
Saving
CHAPTER VII
ENCROACHMENTS
Transfer of lands appurtenant to or adjoining religious institutions
prohibited except in special cases
Encroachments by persons on land or buildings belonging to Charitable
or religious institutions or Endowments and the eviction of encroachers.
Mode of eviction on failure of removal of the encroachment as directed by
the Joint Commissioner
79-A. Encroachment by group of persons on land belonging to charitable
religious institutions and their eviction
79-B. Penalty for offences in connection with encroachment
79-C. Recovery of moneys due to religious institution as arrears of land
revenue
Eviction of lessees, licensees or mortgages with possession in certain
cases
Appeals against the orders of Joint Commissioner or a Deputy
Commissioner under section 80.
Payment of compensation
Constitution of Tribunals
Suits against award
Protection of action taken under this Chapter
CHAPTER VIII
BUDGETS, ACCOUNTS AND AUDIT
Budgets of Religious Institutions
Accounts and Audit
Authority to whom Audit Report is to be submitted
Contents of Audit Report
Rectification of defects disclosed in audit and order of surcharge against
trustee, etc.
Chapter to apply notwithstanding provisions in scheme
CHAPTER IX
FINANCE
Religious institution to pay an annual contribution to the Government
Recovery of costs and expenses incurred on legal proceedings
(v)
Assessment and recovery of contributions, costs, charges and expenses
Contributions not to be levied in certain cases
CHAPTER X
ENDOWMENTS ADMINISTRATION FUND
Religious and Charitable Endowments Administration Fund
Creation of Hindu Religious and Charitable Endowments Common Good
Fund
CHAPTER X – A
DEVASWOM FUND
97-A. Maintenance of Incorporated Devaswoms out of Devaswoms Fund
97-B. The Devaswom Fund
97-C. Devaswoms Surplus Fund and its administration
97-D. Devaswoms Properties
97-E. Unincorporated Devaswoms
CHAPTER – XI
MISCELLANEOUS
Public Officers to furnish copies of or extracts from certain documents
Power to inspect
Bequest under will for benefit of religious institution
Putting Trustee or Executive Officer in possession
Cost of proceedings, etc.
Trustee not to lend or borrow moneys without sanction
Court-fees to be paid as prescribed by Schedule
Saving
Removal of discrimination in the distribution of prasadams or
theerthams
Act not to affect rights under Article 26 of the Constitution
Bar of suits in respect of administration or management of religious
institutions, etc.
Central Act 36 of 1963 not to apply for recovery of properties of religious
institution
Procedure and powers at inquiries under Chapter V and VI
Notifications, orders, etc., under Act not to be questioned in Court of Law
112-113. [Omitted]
113-A.Power of Government to direct disposal of appeal or revision pending
before the Commissioner by a Judicial officer
Power to Government to call for records and pass orders
114-A.Power of Government to review
Limitation
Power to make rules
(vi)
CHAPTER – XII
TRANSITIONAL
Construction of reference to the Board, President or Commissioner
Repeals and savings
Conditions of service of certain persons
119-A. Board of Trustees’ control over Karanma services
Commissioner to repay certain sums to the Government
120-A. Power to amend, alter or add to Schedule I.
[Omitted]
[Omitted]
SCHEDULE 1
SCHEDULE II
SCHEDULE III
(vii)
THE TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT,
1959
(Tamil Nadu Act 22 of 1959)
AND ITS AMENDING ACTS AT A GLANCE.
1959
The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
(Tamil Nadu Act 22 of 1959).
1961
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1961 (Tamil Nadu Act 12 of 1961).
The Tamil Nadu Hindu Religious and Charitable Endowments (Second
Amendment) Act, 1961 (Tamil Nadu Act 40 of 1961)
1965
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1965 (Tamil Nadu Act 16 of 1965).
The Tamil Nadu Hindu Religious and Charitable Endowments (Second
Amendment) Act, 1965 (Tamil Nadu Act 31 of 1965).
1967
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1967 (Tamil Nadu Act 23 of 1967).
1968
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1968.(Tamil Nadu Act 19 of 1968)
1969
The Tamil Nadu Adaptation of Laws Order, 1969
The Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
1970
The Tamil Nadu Adaptation of Laws Order, 1970.
1971
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1971 (Tamil Nadu Act 2 of 1971).
(viii)
1972
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1972 (Tamil Nadu Act 29 of 1972).
1973
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1973 (Tamil Nadu Act 22 of 1973).
1974
The Tamil Nadu Hindu Religious and Charitable Endowments (Second
Amendment) Act, 1973 (Tamil Nadu Act 5 of 1974).
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1974 (Tamil Nadu Act 26 of 1974).
The Tamil Nadu Hindu Religious and Charitable Endowments (Second
Amendment) Act, 1974 (Tamil Nadu Act 27 of 1974).
The Tamil Nadu Hindu Religious and Charitable Endowments (Fourth
Amendment) Act, 1974 (Tamil Nadu Act 28 of 1974).
The Tamil Nadu Hindu Religious and Charitable Endowments (Fifth
Amendment) Act, 1974 (Tamil Nadu Act 46 of 1974).
The Tamil Nadu Hindu Religious and Charitable Endowments (Third
Amendment) Act, 1974 (Tamil Nadu Act 50 of 1974).
1975
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1975 (Tamil Nadu Act 6 of 1975).
1976
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment and Special Provisions) Act, 1976 (President Act 24 of
1976).
1978
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1978 (Tamil Nadu Act 42 of 1978).
1979
The Tamil Nadu Hindu Religious and Charitable Endowments (Amendment
and Special Provision) Amendments Act, 1979 (Tamil Nadu Act 52 of
1979).
(ix)
1980
The Tamil Nadu Hindu Religious and Charitable Endowments (Amendment
and Special Provisions) Amendment Act, 1980 (Tamil Nadu Act 22 of
1980).
1981
The Tamil Nadu Hindu Religious and Charitable Endowments (Amendment
and Special Provisions) Amendment Act, 1981 (Tamil Nadu Act 30 of
1981).
1983
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment and Validation) Act, 1983 (Tamil Nadu Act 48 of 1983).
1987
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1986 (Tamil Nadu Act 2 of 1987).
The Tamil Nadu Adaptation of Law and Order, 1987.
1991
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1991 (Tamil Nadu Act 46 of 1991).
1992
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1992 (Tamil Nadu Act 38 of 1992).
1993
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1993 (Tamil Nadu Act 18 of 1993).
The Tamil Nadu Hindu Religious and Charitable Endowments (Second
Amendment) Act, 1993 (Tamil Nadu Act 19 of 1993).
1994
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1994 (Tamil Nadu Act 30 of 1994).
The Tamil Nadu Hindu Religious and Charitable Endowments (Fourth
Amendment) Act, 1994 (Tamil Nadu Act 39 of 1994).
(x)
1995
The Tamil Nadu Hindu Religious and Charitable Endowments (Third
Amendment) Act, 1994 (Tamil Nadu Act 25 of 1995).
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1995 (Tamil Nadu Act 38 of 1995).
1996
The Tamil Nadu Hindu Religious and Charitable Endowments (Special
Provisions) Act, 1996 (Tamil Nadu Act 23 of 1996).
The City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of
1996).
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1996 (Tamil Nadu Act 39 of 1996).
1998
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1998 (Tamil Nadu Act 37 of 1998).
The Tamil Nadu Hindu Religious and Charitable Endowments (Second
Amendment) Act, 1998 (Tamil Nadu Act 38 of 1998).
1999
The Tamil Nadu Hindu Religious and Charitable Endowments (Special
Provisions) Amendment Act, 1999 (Tamil Nadu Act 48 of 1999).
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1999 (Tamil Nadu Act 52 of 1999).
2002
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 2002 (Tamil Nadu Act 50 of 2002).
2003
The Tamil Nadu Hindu Religious and Charitable Endowments (Second
Amendment) Act, 2003 (Tamil Nadu Act 10 of 2003).
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 2003 (Tamil Nadu Act 25 of 2003).
The Tamil Nadu Hindu Religious and Charitable Endowments (Third
Amendment) Act, 2003 (Tamil Nadu Act 28 of 2003).
(xi)
2006
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 2006 (Tamil Nadu Act 1 of 2006).
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 2006 (Tamil Nadu Act 15 of 2006).
2007
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 2007 (Tamil Nadu Act 13 of 2007).
2008
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 2008 (Tamil Nadu Act 4 of 2008).
2009
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 2009 (Tamil Nadu Act 31 of 2009).
2010
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 2010 (Tamil Nadu Act 12 of 2010).
2012
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 2012 (Tamil Nadu Act 26 of 2012).
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 2012 (Tamil Nadu Act 51 of 2012)
2013
The Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 2013 (Tamil Nadu Act 26 of 2013)
1
THE 1[TAMIL NADU] HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS
ACT, 1959. [
1(Tamil Nadu) Act 22 of 1959] 2
[Received the assent of the President on the 19th November 1959, First
published in the Fort St. George Gazette on the 2nd December, 1959
(Agrahayana) 11, 1881].
An Act to amend and consolidate the law relating to the administration
and governance of Hindu Religious and Charitable Institutions and
Endowments in the 3[State of Tamil Nadu];
WHEREAS it is expedient to amend and consolidate the law relating to the
administration and governance of Hindu Religious and Charitable Institutions
and Endowments in the 3[State of Tamil Nadu];
BE it enacted in the Tenth Year of the republic of India as follows:-
CHAPTER – I
PRELIMINARY.
Short title, extent, application and commencement._ (1) This Act may be called the 1[Tamil Nadu] Hindu Religious and Charitable Endowments Act, 1959. (2) It extends to the whole of the 2[State of Tamil Nadu]. (3) It applies to all Hindu public religious institutions and endowments 3[including] the incorporated Dewaswoms and Unincorporated Dewaswoms. Explanation. _ In this sub-section, Hindu public religious institutions
and endowments do not include Jain religious institutions and endowments.
These words were substituted for the word “Madras” by the Tamil Nadu
Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation
of Laws (Second Amendment) Order, 1969.
For the Statement of Objects and Reasons, See Fort St. George Gazette
Extraordinary, dated the 13th April 1959, Part IV-A, page 213.
This Act as amended by sub-section (2) of section 11 of the Tamil Nadu
(Added Territories) Extension of Laws Act, 1962 (Tamil Nadu Act 14 of 1962)
was extended to the added territories by the said section of the said Act
repealing the corresponding law in force in those territories.
This expression was substituted for the expression “State of Madras” by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil
Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2
(4)(a) The provisions of this Act except the provisions of__
(i) Sub-section (4) of section 92, in so far as that sub-section relates to
Consultative Committees and sub-committees thereof, and
(ii) Clause (xxi) (b) of sub-section (2) of section 116 shall come into force on
such date as the Government may, by notification, appoint and different dates
may be appointed for different areas and for different provisions of this Act.
(b) The provisions of sub-section (4) of section 92 in so far as that subsection relates to Consultative Committees and sub-committees thereof and of
clause (xxi)(b) of sub-section (2) of section 116 shall be deemed to have come
into force on the 28th November 1958.
Power to extend Act to Jain Religious Institutions and
Endowments.__ (1) The Government may, by notification, extend to Jain public
religious institutions and endowments, all or any of the provisions of this Act
and of any rules made thereunder and thereupon, the provisions so extended
shall apply to such institutions and endowments:
Provided that before issuing such a notification, the Government shall
publish in the *Fort St. George Gazette, a notice of their intentions to do so, fix
a period which shall not be less than two months from the date of publication
of the notice, for the persons interested in the institutions and endowments
concerned to show cause against the issue of the notification and consider
their objections, if any.
(2) In this Act, wherever the word “Hindu” occurs, it shall, in respect of
Jain public religious institutions and endowments to which the provisions of
this Act have been extended under sub-section (1) be construed to mean “Jain”
unless the context otherwise requires.
NOTES
The Government notified that the provisions of the Act except the provisions
mentioned in clause (b) of section 4 came into force on the 1st day of January
1960.
These words were substituted for the word “Madras” by the Tamil Nadu
Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation
of Laws (Second Amendment) Order, 1969.
This expression was substituted for the expression “State of Madras” by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil
Nadu Adaptation of Laws (Second Amendment) Order, 1969.
This word was substituted for the word “except” by section 2 of the Tamil
Nadu Hindu Religious and Charitable Endowments (Third Amendment) Act,
1974 (Tamil Nadu Act 50 of 1974).
3
Power to extend Act to Charitable Endowments.__(1) Where the
Government have reason to believe that any Hindu or Jain public charitable
endowment is being mismanaged, they may direct the Commissioner to
inquire, or to cause an inquiry to be made by any officer authorized by him in
this behalf, into the affairs of such charitable endowment and to report to them
whether, in the interests of the administration of such charitable endowment,
it is necessary to extend thereto all or any of the provisions of this Act and of
any rules made thereunder.
(2) The Commissioner or the officer authorized by him under sub-section
(1) shall, while making an inquiry under that sub-section, have all the powers
of a Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908)
for the purposes of enforcing the attendance of witnesses and compelling the
production of books, accounts, documents, securities, cash and other
properties belonging to or in the custody of such charitable endowments and
shall follow the procedure applicable under the said Code in regard to
recording of evidence and hearing of parties.
(3) If, after considering the report of the Commissioner submitted under
sub-section (1), the Government are satisfied that such charitable endowment
is being mismanaged and that, in the interests of the administration of such
charitable endowment, it is necessary to extend thereto all or any of the
provisions of this Act and of any rules made thereunder, they may, by
notification, extend to such charitable endowment the said provisions, and
thereupon, the provisions so extended shall apply to such charitable
endowment as if it were a specific endowment :
Provided that before issuing such a notification, the Government shall
publish in the *Fort St. George Gazette, a notice of their intention to do so,
specifying the reasons for the action proposed to be taken by them and fixing a
period which shall not be less than two months from the date of publication of
the notice, for the persons interested in the endowment concerned to show
cause against the issue of the notification and consider their objections, if any.
(4) Notwithstanding anything contained in this section, the Government
may, on application made by the trustee of any Hindu or Jain public charitable
endowment, or where there are more trustees than one, then by those trustees
or a majority of them and with the concurrence of the trustee or trustees
making the application, extend, by notification, to such charitable endowment
all or any of the provisions of this Act and of any rules made thereunder, and
thereupon the provisions so extended shall apply to such charitable
endowment as if it were a specific endowment.
Now the Tamil Nadu Government Gazette.
4
Exemptions.__2[The Government may, by notification exempt whether
prospectively or retrospectively] from the operation of any of the provisions of
this Act or of any rules made thereunder any religious institution or religious
or charitable endowment or vary or cancel any such exemption :
Provided that before such exemption is varied or cancelled, the person
affected shall be given a reasonable opportunity of showing cause against such
variation or cancellation.
Certain Acts not to apply to Hindu Religious Institutions and
endowments. _ The following enactments shall cease to apply to Hindu religious institutions and endowments, namely : _
(a) The 1[Tamil Nadu] Endowments and Escheats Regulation, 1817
(
1[Tamil Nadu] Regulation VII of 1817);
(b) The Religious Endowments Act, 1863 (Central Act XX of 1863);
(c) The Charitable Endowments Act, 1890 (Central Act VI of 1890);
(d) The Charitable and Religious Trusts Act, 1920 (Central Act XIV of
1920); and
(e) Section 92 and 93 of the Code of Civil Procedure, 1908 (Central Act V of
1908)
Definitions. In this Act, unless the context otherwise requires,
2[(1) “Additional Commissioner” means an Additional Commissioner
appointed under section 9;
(1-A) “Advisory Committee” means the Committee constituted by the
Government under sub-section (1) of section 7.]
(2) 3[Omitted by Section 2 of the Tamil Nadu Hindu Religious and
Charitable Endowments (Amendment) Act, 1968 (Tamil Nadu Act 19 of 1968)
(3) “Assistant Commissioner” means an Assistant Commissioner
appointed under section 9;
(4) “Board” means the Board constituted under section 10of the 1[Tamil
Nadu] Hindu Religious Endowments Act, 1926 (1[Tamil Nadu] Act II of 1927);
Now the Tamil Nadu Government Gazette.
These words were substituted for the words “The Government by
notification, exempt” by Tamil Nadu Act 48 of 1983 w.e.f. 29.12.1983.
Substituted for the words “Madras” by the Tamil Nadu Adaptation of Laws
Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second
Amendment) Order 1969.
Clause 1 as inserted by Tamil Nadu Act 39 of 1996 was relettered as clause
(1-A) and clause (1) was inserted by Tamil Nadu Act 50 of 2002.
5
(5) “Charitable endowments” means all property given or endowed for the
benefit of, or used as of right by, the Hindu or the Jain community or any
section thereof, for the support or maintenance of objects of utility to the
said community or section, such as rest-houses, choultries, patasalas,
schools and colleges, houses for feeding the poor and institutions for the
advancement of education, medical relief and public health or other objects
of a like nature; and includes the institution concerned;
(6) “Commissioner” means the Commissioner appointed under section 9;
(7) “Court” means—
(i) in relation to a math or temple situated in the Presidency town, the
2[Chennai] City Civil Court
(ii) in relation to a math or temple situated elsewhere, the Subordinate
Judge’s Court having jurisdiction over the area in which the math or temple is
situated, or if there is no such Court, the District Court having such
jurisdiction;
(iii) in relation to a specific endowment attached to a math or temple, the
Court which could have jurisdiction as aforesaid in relation to the math or
temple ;
(iv) in relation to a specific endowment attached to two or more maths or
temples, any Court which would have jurisdiction as aforesaid in relation to
either or any of such maths or temples;
(8) “Deputy Commissioner” means a Deputy Commissioner appointed
under section 9;
(8-A) “District Committee” means the Committee constituted by the
Government under Section 7-A;
(9) “Executive officer” means a person who is appointed to exercise such
powers and discharge such duties appertaining to the administration of a
religious institution as are assigned to him by or under this Act or the rules
made thereunder or by any scheme settled or deemed to have been settled
under this Act;
(10) “Government” means the State Government;
(11) “Hereditary trustee” means the trustee of a religious institution, the
succession to whose office devolves by hereditary right or is regulated by usage
or is specifically provided for by the founder, so long as such scheme of
succession is in force;
Substituted for the words “Madras” by the Tamil Nadu Adaptation of Laws
Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second
Amendment) Order 1969.
Substituted for the word “Madras” by Tamil Nadu Act 28 of 1996.
6
(12) “incorporated Devaswoms” means the Devaswoms mentioned in
Schedule-1 2[***];
3[(12-A) “Inspector” means an Inspector in the Hindu Religious and
Charitable Endowments Administration Department;
(12-B) “Joint Commissioner” means a Joint Commissioner appointed
under section 9;]
(13) “math” means a Hindu religious institution with properties attached
thereto and presided over by a person, the succession to whose office devolves
in accordance with the direction of the Founder of the institution or is
regulated by usage and –
(i) whose duty it is to engage himself in imparting religious instruction or
rendering spiritual service; or
(ii) who exercises or claims to exercise spiritual headship over a body of
disciples;
and include places of religious worship or instruction which are
appurtenant to the institution;
Explanation.— Where the headquarters of a math are outside the State
but the math has properties situated within the State, control shall be
exercised over the math in accordance with the provisions of this Act, in so far
as the properties of the math situated within the State are concerned;
(14) “non-hereditary trustee” means a trustee who is not a hereditary
trustee;
(15) “person having interest” means—
(a) in the case of a math, a disciple of the math or a person of the religious
persuasion to which the math belongs;
(b) in the case of a temple, a person who is entitled to attend at or is in
the habit of attending the performance of worship or service in the temple, or
who is entitled to partake or is in the habit of partaking in the benefit of the
distribution of gifts thereat;
This clause was substituted by the Tamil Nadu Hindu Religious and
Charitable Endowments (Amendment) Act 1996. (Tamil Nadu Act 39 of
1996).
The expression “to the Travancore-Cochin Hindu Religious Institutions Act,
1950 (Travancore-Cochin Act XV of 1950)” was omitted by section 3 of the
Tamil Nadu Hindu Religious and Charitable Endowments Third
Amendment) Act, 1974 (Tamil Nadu Act 50 of 1974).
Clause 12-A as inserted by Tamil Nadu Act 18 of 1993 was relettered as
clause (12-B) and clause (12-A) was inserted by Tamil Nadu Act 39 of 1996.
7
(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;
1(d) in case of samadhi, brindhavan or any other institution established or
maintained for a religious purpose, a person who is entitled to attend at or is in
the habit of attending the performance of worship or service in such religious
institution, or who is entiled to partake or in the habit of partaking in the
benefit of the distribution of gifts thereat;
2[(15-A)* * *]
(16) “religious charity” means a public charity associated with Hindu
festival or observance of a religious character, whether it be connected with a
math or temple or not;
(17) “Religious endowment” or “endowment” means all property
belonging to or given or endowed for the support of maths or temples, 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, but does not include gifts
of property made as personal gifts to the archaka, service holder or other
employee of a religious institution;
Explanation.—(1) Any inam granted to an archaka, service holder or
other employee of a religious institution for the performance of any service or
charity in or connected with a religious institution shall not be deemed to be a
personal gift to the archaka, service holder or employee but shall be deemed to
be a religious endowment.
Explanation.— (2) All property which belonged to, or was given or
endowed for the support of a religious institution, or which was given or
endowed for the performance of any service or charity of a public nature
connected therewith or of any other religious charity shall be deemed to be a
“religious endowment” or endowment” within the meaning of this definition,
notwithstanding that, before or after the date of the commencement of this Act,
the religious institution has ceased to exist or ceased to be used as a place of
religious worship or instruction or the service or charity has ceased to be
performed:
This clause was inserted by section 2 of the Tamil Nadu Hindu Religious
and Charitable Endowments (Amendment) Act, 1978 (Tamil Nadu Act 42 of
1978), subsequently omitted by section 2(3) of the Tamil Nadu Hindu
Religious and Charitable Endowments (Amendment) Act, 1991 (Tamil Nadu
Act 46 of 1991).
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Provided that this Explanation shall not be deemed to apply in respect of
any property which vested in any person before the 30th September 1951, by
the operation of the law of limitation;
1[(18) “Religious institution” means a math, temple or specific
endowment and includes,: —
(i) a samadhi or brindhavan; or
(ii) any other institution established or maintained for a religious
purpose.
Explanation.- For the purpose of this clause-
(1) “samadhi” means a place where the mortal remains of a guru,
sadhu or saint is interned and used as a place of public religious
worship;
(2) “brindhavan” means a place established or maintained in
memory of a guru, sadhu or saint and used as a place of public
religious worship, but does not include the samadhi;)
(18-A)”Scheduled Castes” and “Scheduled Tribes” shall have the same
meaning assigned to them, respectively, in clause (24) and (25) of Article 365 of
the Constitution.
(19) “specific endowment” means any property or money endowed for
the performance of any specific service or charity in a math or temple or for the
performance of any other religious charity, but does not include an inam of the
nature described in Explanation (1) to clause (17);
Explanation. —(1) Two or more endowments of the nature specified in
this clause, the administration of which is vested in a common trustee, or
which are managed under a common scheme settled or deemed to have been
settled under this Act, shall be construed as a single specific endowment for
the purposes of this Act ;
Explanation.—(2) Where a specific endowment attached to a math or
temple is situated partly within the State and partly outside the State, control
shall be exercised in accordance with the provisions of this Act over the part of
the specific endowment situated within the State;
(20) “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 of any section thereof, as a place of
public religious worship;
Clause (18) was substituted by Tamil Nadu Act 26 of 2012 which came into
force on 27.06.2012.
9
Explanation. —Where a temple situated outside the State has properties
situated within the State, control shall be exercised over the temple in
accordance with the provisions of this Act, in so far as the properties of the
temple situated within the State are concerned ;
1[20-A) * * ] (21) “transferred territory” means the Kanyakumari district and the Shencottah taluk of the Tirunelveli district ; (22) “trustee” means any person or body by whatever designation known in whom or in which the administration of a religious institution is vested and includes any person or body who or which is liable as if such person or body were a trustee; 23) “unincorporated Dewaswoms” means the Dewaswoms mentioned in Schedule II 1[ * *] ;
2[CHAPTER 1-A – Omitted]
3[7. Constitution of Advisory Committee. —(1) The Government shall
constitute, for the State of the Tamil Nadu, a Committee called the Advisory
Committee consisting of the following members, namely: —
(a) the Chief Minister, who shall be the Chairman, ex-officio;
(b) the Minister in-charge of the portfolio of Hindu Religious and
Charitable Endowments who shall be the Vice-Chairman, ex-officio ;
(c) the Secretary to Government in-charge of Hindu Religious and
Charitable Endowments, who shall be the Member ex-officio;
(d) Such number of non-officials professing Hindu religion, nominated by
the Government, of whom one shall be a member of the Scheduled Castes or
Scheduled Tribes;
(e) The Commissioner, who shall be the Member-Secretary, ex-officio.
Clause (20-A) was inserted by Tamil Nadu At 46 of 1991 and subsequently
omitted by Tamil Nadu Act 39 of 1996.
The expression “to the Travancore-Cochin Hindu Religious Institutions Act,
1950 (Travancore-Cochin Act XV of 1959)” was omitted by section 3 of the
Tamil Nadu Hindu Religious and Charitable Endowments (Third
Amendment) Act, 1974 (Tamil Nadu Act 50 of 1974).
Chapter I-A and section 7 to 7G and 7H to 7O were omitted by the Tamil
Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1996
(Tamil Nadu ct 39 of 1996).
New section 7 and 7A were inserted by ibid.
10
(2) The term of office of non-official members shall be three years and
other matters relating to the Advisory Committee shall be such as may be
prescribed.
(3) The Government may, after giving a show cause notice remove all or
any of the non-official members of the Advisory Committee in the public
interest.]
7-A.Constitution of District Committee.-(1) In respect of all religious
institutions other than those falling under Clause (iii) of Section 46, situated
within the territorial jurisdiction of a revenue district, the Government shall
constitute a Committee called the District Committee consisting of note less
than three and not more than five non-official members, as may be nominated
by the Government. The members of the District Committee shall be scholars,
philanthropists or religious minded persons, and qualified for appointment as
trustees under this Act.
(2) The term of office of the members of the District Committee shall be
three years and other matters relating to the said Committee shall be such as
may be prescribed.
(3) The Government may, after giving a show cause notice, remove all or
any of the members of the District Committee in the public interest.
(4) The District Committee shall prepare, in such manner as may be
prescribed, panel of names of persons who are qualified for appointment as
trustees under this Act (including women and members of Scheduled Castes
and Scheduled Tribes) and suitable for appointment as non-hereditary trustees
or trustee as the case may be and shall sent it to-
(i) the Joint Commissioner or the Deputy Commissioner, in respect of
religious institutions falling under Clause (i) of Section 46;
(ii) the Commissioner, in respect of religious institutions falling under
Clause (ii) of Section 46; and
(iii) the Assistant Commissioner, in respect of religious institutions which
is not included in the list published under Section 46 and is not a religious
institution notified or deemed to have been notified under Chapter VI of this
Act.
(5) Notwithstanding anything contained in this section, the District
Committee shall have no jurisdiction to send any panel of names of persons
under this Section in respect of any religious institution for which a scheme
has been settled or deemed to have been settled under this Act by the High
Court of any Court subordinate to the High Court.)

The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959

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