ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS
INSTITUTIONS AND ENDOWMENTS (AMENDMENT) ACT, 1976 THE ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND
ENDOWMENTS (AMENDMENT) ACT, 1976 [Act No. 20 of 1976] [09th March, 1976] An Act to amend the Andhra Pradesh Charitable and Hindu Religious,
Institutions and Endowments Act, 1966. BE it enacted by the
Legislature of the State of Andhra Pradesh in the Twenty-seventh Year of the
Republic of India as follows:-- (1)
This Act may be called the Andhra Pradesh Charitable and Hindu
Religious Institutions and Endowments (Amendment) Act, 1976. (2)
It shall be deemed to have come into force on the 11th October,
1975. In sub-section (3) of
section 1 of the Andhra Pradesh Charitable and Hindu Religious Institutions and
Endowments Act, 1966 (hereinafter referred to as the principal Act),-- (i)
in clause (a), after the words "all public charitable
institutions and endowments", the words "whether registered or not in
accordance with the provisions of this Act" shall be inserted; (ii)
to clause (b), the words "whether registered or not in
accordance with the provisions of this Act", shall be added. In section 2 of the
principal Act, for clause (12), the following clause shall be substituted,
namely:-- "(12)
'Executive Officer' means an officer appointed as such under any of the
provisions of this Act and includes a manager appointed under item (ii) of
clause (b) of sub-section (2) of section 27;". After sub-section (4) of
section 21 of the principal Act, the following sub-section shall be inserted,
namely:-- "(4-A)(i)
Notwithstanding anything in any other law for the time being in force, whoever
in the local area:-- (a)
imports, exports, transports, or possesses liquor or any
intoxicating drug; (b)
manufactures liquor or any intoxicating drug; (c)
cultivates the hemp plant or collects any portion of such plant
from which an intoxicating drug can be manufactured; (d)
sells liquor or any intoxicating drug; (e)
consumes or buys liquor or any intoxicating drug; (f)
allows any of the acts aforesaid upon premises in his immediate
possession; or (g)
sells or possesses, prepares or consumes meat or other foodstuffs
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. (ii)?? ?Every
offence punishable under this sub-section shall be a cognizable offence within
the meaning of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). Explanation.--In this
section, "local area" means such area in the vicinity of any
religious institution as the Government may, by notification, specify in this
behalf. For clause (b) of
sub-section (2) of section 27 of the principal Act, the following clause shall
be substituted, namely:-- "(b)
?In the case of any other charitable or
religious institution or endowment, whose annual income is not less than rupees
five thousand, the Commissioner may in accordance with such rules as may be
made by the Government in this behalf-- (i)
appoint the Executive Officer who has already been appointed under
sub-section (1) or clause (a) of this sub-section as Executive Officer for any
such institution or endowment; or (ii)
group any such institution or endowment with such other
institution or endowment, and appoint a manager for the group of institutions
or endowments, whose total annual income is not less than rupees fifteen
thousand." In sub-section (1) of
section 74 of the principal Act,-- '(i)? ?after
clause (d), the following clause shall be inserted, namely:-- "(dd)
The authority to sanction the lease of any property belonging to or given or endowed
for the purpose of any charitable or religious institution or endowment, the
manner in which and the period for which such lease shall be sanctioned, shall
be such as may be prescribed."; (ii)?? ?in
clause (e), for the words "immovable property", the words
"agricultural land" shall be substituted; (iii) ??after clause (e), the following clause shall
be inserted, namely:-- "(f)
??Against any order passed by the
Committee under clause (e) fixing the reasonable rent an appeal shall lie to
the Commissioner within thirty days of the passing of the order; and the
decision of the Commissioner on such appeal shall be final.". After sub-section (4) of
section 86 of the principal Act, the following sub-section shall be added,
namely:-- "(5)
?The Board of Trustees may, in
consultation with the Commissioner and ?subject
to such conditions and restrictions as the Commissioner may by general or
special order lay down, delegate to the Executive Officer such of the powers
conferred on it by or under this Act, as it may, consider necessary.". In section 87 of the
principal Act,-- (i)
in sub-section (1), for the words "a Deputy Executive
Officer" the words "one or more Deputy Executive Officers" and
for the words "the Deputy Executive Officer", the words "the
Deputy Executive Officers" shall be substituted; (ii)
in sub-section (2), for the expression "to the Deputy
Executive Officer appointed under sub-section (1)", the expression
"to any of the Deputy Executive Officers appointed under sub-section (1)
or to such other officer of the Tirumala-Tirupathi Devasthanams as the
Executive Officer may deem fit" shall be substituted. Section 89 of the principal
Act shall be renumbered as sub-section (2) of that section and before the
sub-section as so renumbered, the following sub-section shall be inserted,
namely:-- "(1)
?The Executive Officer may institute in
the name of or defend on behalf of the Tirumala-Tirupathi Devasthanams any
legal proceedings in relation to such class of cases as he is specially
authorised to do so by the Board of Trustees: Provided that he shall
place before the Board of Trustees at its next meeting for information a report
on the action taken by him under this sub-section.". In section 90 of the
principal Act,-- (i) for sub-section
(1), the following sub-section shall be substituted, namely:-- "(1)? The Government may, from time to time, notify
in the Andhra Pradesh Gazette; the limits of the Tirumala Hills area for the
purposes of civic administration." (ii) sub-section
(2) shall be re-lettered as clause (a) of that sub-section and after the clause
as so relettered, the following clause shall be inserted, namely:-- "(b)
?Without prejudice to the generality of
the foregoing provision,-- (i)
the Tirumala Hills area as notified under subsection (1) shall be
deemed to be a village for the purposes of the Andhra Pradesh/Gram Panchayats
Act, 1964 (Act 2 of 1964), and a local area for the purposes of the Andhra
Pradesh (Andhra Area) Public Health Act, 1939 (Act 3 of 1939); (ii)
all references to a gram panchayat, the sarpanch, executive
officer or executive authority thereof in the Andhra Pradesh Gram Panchayats
Act, 1964 (Act 2 of 1964); and all references to a local authority, executive
authority or executive officer in the Andhra Pradesh (Andhra Area) Public
Health Act, 1939 (Act 3 of 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; (iii)
any appeal provided for by or under the Andhra Pradesh Gram
Panchayats Act, 1964 (Act 2 of 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; (iv)
any appeal provided for by or under the Andhra Pradesh (Andhra
Area) Public Health Act, 1939 (Act 3 of 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 Medical and Health
Services;", (iii)
for the marginal note, the following marginal note shall be
substituted namely:-- "Civic administration
of Tirumala Hills area.". The Andhra Pradesh
Charitable and Hindu Religious institutions and Endowments (Amendment)
Ordinance, 1975, is hereby repealed.
Preamble - ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS
INSTITUTIONS AND ENDOWMENTS (AMENDMENT) ACT, 1976PREAMBLE