ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS
INSTITUTIONS AND ENDOWMENTS (AMENDMENT) ACT, 2002 THE ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND
ENDOWMENTS (AMENDMENT) ACT, 2002 [Act No. 27 of 2002] [23rd December, 2002] An Act Further To Amend The Andhra Pradesh Charitable And Hindu
Religious Institutions And Endowments Act, 1987. Be it enacted by the
Legislative Assembly of the State of Andhra Pradesh in the Fifty-third 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, 2002. (2)
It shall be deemed to have come into force on the 26th August,
2002. In the Andhra Pradesh
Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of
1987) (hereinafter referred to as the principal Act), in section 17, in
sub-section (1), for the proviso, the following shall be substituted, namely:- "Provided that the
founder or one of the members of the family of the founder, if qualified as
prescribed shall be appointed as one of the Trustees. Explanation-I. 'Founder'
means a person who has founded an Institution or Endowment and recognized as
such by the authority competent to appoint Trustees under section 15. Explanation-II. 'Member of
the family of the founder' means children, grand children and so in agnatic
line of succession for the time being in force and declared or recognized as
such by the relevant appointing authority. Explanation-III. Those
Persons who founded temples by collecting donations partly or fully from the
public as well as those who founded them on public lands shall not be
recognized as founder trustees by any means.". In section 19 of the
principal Act, in sub-section (1), to clause (k), the following proviso shall
be added, namely:- "Provided that nothing
in this clause shall apply to the founder or a member of the family of the
founder who has been appointed as Trustee". For section 20 of the
principal Act, the following shall be substituted, namely:- 20. "Chairman of the
Board of Trustees. (1) (a) In
the case of Charitable and Religious Institution or endowment for which a Board
of Trustees is constituted under section 15, the members of the Board of
Trustees shall, within such period not exceeding sixty days and in such manner
as may be prescribed, elect from amongst themselves, a Chairman; and if no
Chairman is so elected within the prescribed period the Government in the case
of a Board of Trustees constituted under clause (a) of sub-section (1) of
section 15 and the commissioner in the case of any other Board of Trustees
shall nominate one of the members as Chairman. (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. (2) A
Chairman elected or nominated under clause (a) of sub-section (1) or who
becomes a Chairman under clause (b) shall hold office so long as he continues
to be the member of the Board of Trustees.". In section 75 of the
principal Act, in sub-section (1), the words "for a term exceeding six
years" shall be omitted. In section 82 of the
principal Act,- (i) in sub-section
(2), for the proviso and the Explanation thereof, the following shall be
substituted, namely:- "Provided that if such
small and marginal farmers who are not able to purchase the land will continue
as tenants provided, if they agree to pay at least two third of the market rent
for similarly placed lands as lease amount. Explanation:-For the
purpose of this sub-section 'landless poor person' means a person whose total
extent of land held by him either as owner or as cultivating tenant or as both
does not exceed 1.011715 hectares (two and half acres) of wet land or 2.023430
hectares (five acres) of dry land and whose monthly income other than from such
lands does not exceed thousand rupees per mensum or twelve thousand rupees per
annum. However, those of the tenants who own residential property exceeding two
hundred square yards in Urban Area shall not be considered as landless poor for
the purpose of purchase of endowments property." (ii) after
sub-section (4), the following shall be added, namely:- "(5)
?The provisions of the Andhra Pradesh
(Andhra Area) Tenancy Act, 1956 (Act XVIII of 1956) and the Andhra Pradesh
(Telangana Area) Tenancy and Agricultural Lands Act, 1950 (Act XXI of 1950) shall not apply to any
lease of land belonging to or given or endowed for the purpose of any
charitable or religious institutions or endowment as defined in this
Act.". In section 87 of the
principal Act, in sub-section (1), after clause (g), the following shall be
added, namely:- "(h)
?whether a person is a founder or a
member from the family of the founder of an Institution or Endowment.". In section 107 of the
principal Act, in sub-section (3), for the words "five years", the
words "three years", shall be substituted. For section 123 of the
principal Act, the following shall be substituted, namely:- 123. "Right of
pre-emption. No person owning properties
on Tirumala Hills shall, without the prior permission of the Executive Officer
of the Tirumala TirupathiDevasthanamsalienate the same by way of sale,
exchange, mortgage or lease. If he intends to so alienate he shall apply to the
Executive Officer for permission with full details of the transaction and the
parties involved. The Tirumala TirupathiDevasthanams shall have a right of
pre-emption. If Tirumala TirupathiDevasthanams desires to exercise this right
on the terms indicated by the applicant, being those offered to the third
party, the applicant shall enter into the necessary contract with Tirumala
TirupathiDevasthanams.". The Andhra Pradesh
Charitable and Hindu Religious Institutions and Endowments (Amendment)
Ordinance, 2002 is hereby repealed.
Preamble - THE ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS
INSTITUTIONS AND ENDOWMENTS (AMENDMENT) ACT, 2002PREAMBLE