ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS
INSTITUTIONS AND ENDOWMENTS (AMENDMENT) ACT, 2007 THE ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND
ENDOWMENTS (AMENDMENT) ACT, 2007 [Act No. 33 of 2007] [14th December, 2007] An Act Further To Amend The Andhra Pradesh Charitable And Hindu
Religious Institutions And Endowments Act, 1987. Be, it enacted by the
Legislature of the State of Andhra Pradesh in the Fifty-Eighth 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, 2007. (2)
It shall come into force on such date as the Government may, by
notification, appoint. In the Andhra Pradesh
Charitable and Hindu Religious Institutions and Endowments Act, 1987,
(hereinafter referred to as the principal Act), in section 2,- (1) after
clause(1), the following clause shall be inserted, namely.- "(1-A)
'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." (2) after
clause (10), the following clause shall be inserted, namely:- "(10-A)
'Dharmika Parishad' means the Andhra Pradesh Dharmika Parishad constituted
under section 152." (3) after
clause(12), the following clause shall be inserted, namely:- "(12-A)
'Endowments Tribunal' means a tribunal consumed under section 162." In section 6 of the
principal Act,- (i)
in clause (a) for the words "exceeds rupees five lakhs",
the words "exceeds rupees twenty five lakhs" shall be substituted; (ii)
in clause (b), for the words "exceeds rupees fifty thousand
but does not exceed rupees five lakhs", the words "exceeds rupees two
lakhs but does not exceeds rupees twenty five lakhs" shall be substituted. For section 15 of the
principal Act, the following section shall be substituted, namely:- 15. Appointment of Board of
Trustees.-- In respect of a Charitable
or Religious Institution or Endowment,- (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. (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 institutions 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: Provided that the Deputy
Commissioner may either in the interest of the institution or endowment or any
other sufficient cause or for reasons to be recorded in writing appoint a
single trustee instead of a Board of Trustees: Provided further that in
the case of a religious institution, the Archaka or where there is more than
one Archaka, the Pradhana Archaka thereof shall be an ex-officio member of the
Trust Board notwithstanding clause (g) of sub-section (1) of section 19: Provided also that where
the Board of Trustees is not constituted for any reason, the recognized Founder
or Member of the Founder's Family shall discharge the functions of the Board of
trustees till a new Board of Trustees is constituted: Provided also that where
there is no Executive Officer or Founder Family member to any institution or
where the Government or the authority competent to constitute a Trust Board has
not constituted the Trust Board within the period specified under this
sub-section, the Commissioner shall make such arrangement as he deems fit to
look after the affairs of the institution during the interregnum period between
the date of expiry of the terms of the Trust Board and constitution of the new
Trust Board: Provided also that one of
the members of the Board of Trustees shall be a prominant donar with a long,
track record of Philanthropy and support to Hindu Religious Institutions. In section 17 of the
principal Act,- (1) in
sub-section (1) for Explanation I the following Explanation shall be
substituted namely,- "Explanation I:
'Founder' means,- (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; (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." In section 24 of the
principal Act, after sub section (3) the following sub section shall be
inserted, namely:- "(4)
??It shall be the duty of the Trustees of
every temple to foster faith, devotion and ethical conduct in the society by
facilitating formation of a Bhaktha Samajam attached to each temple, on a voluntary
basis, consisting of the devotees thereof in order to periodically organize
Bhajans, religious discourses, devotional and other religious programmes such
as nagara sankeertanas etc., appropriate to the custom, usage, tradition and
sampradayams of the temple concerned. It shall be competent for the
Commissioner with the approval of the Dharmika Parishad to frame bye-laws for
the constitution and functioning of the Bhaktha Samajams.". In section 28 of the
principal Act, in sub-section (1), in clause (b), after the words "the
Commissioner", the words "or the Additional Commissioner, or the
Regional Joint Commissioner" shall be inserted. (1) For
section 29 of the principal Act, the following section shall be substituted,
namely.- 29. "Appointment and
duties of Executive Officer. There shall be an Executive
Officer for every Charitable or Religious institution or Endowment to be
appointed by the Government in the case of institutions and Endowments having
income of rupees one crore and above and by the Commissioner in the case of other
Institutions and Endowments included in the lists published under clauses (a)
and (b) of section 6. In respect of charitable or religious institutions or
endowment having income of less than rupees two lakhs per annum, and included
in the list published under clause (c) of section 6, it shall not be necessary
to appoint an executive officer. The cadre of Executive Officers to be
appointed under this section for the respective institutions on the basis of
the income of the Institution or Endowment shall be as may be prescribed: Provided that, where there
is no Executive Officer in respect of any Charitable or Religious Institution
or Endowment, the trustee or the Chairman of the Board of Trustees or any
employee of any Institution or Endowment where the income exceeds Rs. 2 lakhs,
but is less than Rs. 25 lakhs per annum, duly authorised by the Commissioner in
this behalf shall exercise the powers and perform the functions and discharge
the duties of an Executive Officer: Provided further that it
shall be competent for the Commissioner to appoint an Executive Officer to any
institution having income of less than Rs. 2 lakhs per annum if there are
substantial immovable properties to the institution or if he is satisfied that
such appointment is necessary in the interest of better administration of the
institution or for any other reason to be recorded in writing: Provided also that, it
shall be competent for the Commissioner to constitute such number of Charitable
and Hindu Religious Institutions and Endowments as may be necessary, into a
single group for the purpose of appointing an Executive Officer or any other
employee to such group. (2) The
number of Executive Officers in each grade shall be as may be prescribed by the
Government from time to time and the Commissioner shall be the appointing
authority for the Executive Officer of Grades I, II and III: Provided that forty
percentum of vacancies in third grade Executive Officers posts and twenty
percentum of the vacancies in other two grades of Executive Officers shall be
filled by the employees belonging to the institutions or Endowments of
prescribed grade: Provided further that it
shall be competent for the Government to appoint a Regional Joint Commissioner
as an Executive Officer to any institution and it shall be competent for the
Commissioner to appoint a Deputy Commissioner or an Assistant Commissioner as
an Executive Officer to any institution basing on the annual income of such
institution. (3)
The Executive Officer appointed and exercising the powers and discharging
the duties shall be a person professing Hindu Religion and shall cease to
exercise those powers and discharge those duties when he ceases to profess that
religion. (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; (b)
The Executive Officer shall, subject to such restrictions as may
be imposed by the Government; (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; (ii) arrange
for the proper collection of income and for incurring of expenditure; (iii) sue or be
sued in the name of the institution or Endowment in all legal proceedings; Provided that any legal
proceedings pending immediately before the commencement of this Act by or
against an institution or Endowment in which any person other than an Executive
Officer is suing or being sued shall not be affected; (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 cheques against such
moneys; Provided that the Executive
Officer shall not encash the fixed deposit certificates pertaining to any
scheme or specific endowment under any circumstances; (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: Provided that the Executive
Officer shall report forthwith to the Trustee, any action taken by him under
this sub-clause and the reasons therefore and obtain approval; (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; (d) 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. (e)
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
Institution, 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 Institution concerned.". In section 34 of the
principal Act, after sub-section (2), the following sub-section shall be add,
namely:- "(3).
Notwithstanding anything contained in sub-sections (1) and (2) of this section,
the qualified members of those Archaka families which were continuing in
archakatvam service under the provisions of the repealed the Andhra Pradesh
Charitable and Hindu Religious Institutions and Endowments Act, 1966 and
recognised as such by the competent authority shall continue to have the right
to archakatvam without having any right to emoluments such families used to
receive earlier under Act 17 of 1966. However they shall receive emoluments in
accordance with the scheme under section 144". In section 35 of the
principal Act,- (i) for
sub-section (1) together with the proviso, the following sub-section shall be
substituted, namely:- "(1)
?Every vacancy in the approved cadre
strength whether permanent or temporary, amongst the office holders or servants
of a charitable or religious institution or endowment shall be filled by the
Trustee with the prior permission of the competent authority: Provided that in the case
of a charitable or religious institution or endowment whose annual income
exceeds rupees ten lakhs the Executive Officer shall appoint the office holders
and servants thereof with the prior permission of the competent authority: Provided further that in
the case of appointment of religious office holders such appointment shall be
made keeping in view the Agamas of the respective institutions and preference
shall be given to those who are well versed with the Agama, custom and usage of
the respective institution.". (ii) for
sub-section (4), the following sub-section shall be substituted, namely.- "(4)
?Fixation of cadre strength, the
qualifications, method of recruitment, pay and allowances, discipline and
conduct and other conditions of service for the office holders and servants of
the religious charitable institutions and Endowments shall be such as may be
prescribed". In section 36 of the
principal Act, the words "Provided that preference shall be given to a
person who is Brahmacharin" shall be omitted. In section 37 of the
principal Act,- (1) to
sub-section (1), the following proviso shall be added, namely:- "Provided that in case
of a religious office holder, it shall be competent for the Commissioner or an
officer authorized by him by an order in writing to impose the penalty of
removal or dismissal on a report made by the trustee or Executive Officer or
where there is no executive officer or the trustee as the case may be, in such
manner as may be prescribed." (2) to
sub-section (2), the following proviso shall be added, namely.- "Provided that in the
case of a religious office holder, it shall be competent for the Commissioner
or an officer authorized by him by an order in writing to impose the penalty of
removal or dismissal on a report made by the trustee or executive officer or
where there is no executive officer or the trustee as the case may be, in such
manner as may be prescribed." In section 45 of the
principal Act for the words "Deputy Commissioner" wherever it occurs
the words "Endowments Tribunal" shall be substituted and in sub
section (2) for the word "he" the word "it" shall be
substituted. In section 51,- (i)
for the word "Commissioner" wherever it occurs, the
words "Dharmika Parishad" shall be substituted; (ii)
for sub section (4) the following sub section shall be
substituted, namely:- "(4)
?any mathadhipathi or trustee aggrieved
by an order passed by the Dharmika Parishad under sub section (2) may within
ninety days from the date of the order appeal to the High Court against such
order.". In section 52, for the word
"Commissioner" wherever it occurs the words "Dharmika
Parishad" and in sub-section (1) for the word "he" the word
"it" shall be substituted. In section 53 in
sub-section (1), for the word "Commissioner" the words "Dharmika
Parishad" shall be substituted. In section 54, for the word
"Commissioner" wherever it occurs the words "Dharmika
Parishad" shall be substituted and in sub-section (2) for the word
"him" the word "it" shall be substituted. In section 55 for the word
"Commissioner" wherever it occurs the words "Dharmika
Parishad" shall be substituted and in sub-section (1) for the word
"he" the word "it" shall be substituted and in sub section
(6) for the word "court" the words "High Court" shall be
substituted. In section 57 of the
principal Act,- (1)
In subsection (1),- (i)
in clause (i) for the word, bracket and letter "clause
(d)" the word, bracket and letters "clauses (a) and (d)" shall
be substituted; (ii)
in clause (ii) the bracket, letter word "(a) or" shall
be omitted; (2)
In sub section (2) for clause (b), the following clause shall be
substituted, namely:- "(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". (3) in
sub-section (3), after the words "the Commissioner" the words
"the Additional Commissioner, the Joint Commissioner" shall be
inserted; (4)
in sub-section (5), after the words "the Commissioner"
the words "the Additional Commissioner, the Joint Commissioner" shall
be inserted. In section 58 of the
principal Act, in sub-section (2),- (1)
in clause (a) for the words "rupees one lakh" the words
"rupees twenty five lakhs" shall be substituted. (2)
in clause (b), for the words, "five thousand rupees",
the words "rupees two lakhs" shall be substituted; (3)
in clause (c), for the words "five thousand rupees", the
words "rupees two lakhs" shall be substituted. In section 65 of the
principal Act, in sub-section (1), for the words, "not less man rupees
five thousand", the words "not less than rupees fifty thousand"
shall be substituted and the words "subject to a maximum of fifteen per
centum of the annual income" shall be omitted. In the principal Act after
section 65, the following new section shall be inserted, namely:- "65-A. Archakas, other
office holders and servants' salary and other emoluments fund. A fund shall be created and
vested with the Commissioner for the purpose of payment of salaries and other
emoluments to all such Archakas, office holders and servants of charitable and
Hindu Religious Institutions and Endowments published under section 6 of the
Act who have been appointed by competent authorities as per the sanctioned
cadre strength following the prescribed procedure. Every such institution shall
pay contribution annually to such fund at the rate prescribed from their annual
income as defined under sub-section (5) of section 65. The procedure for
collection of contribution to and disbursement from the fund shall be such as
may be prescribed. In section 70 in
sub-section (1) in clause (b) for sub clause (i) and the proviso there under
the following sub clause and the proviso shall be substituted, namely:- "(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: Provided that the amount to
be utilized for the above purpose shall not be less than twenty five per centum
of the receipts to the said fund during the preceding year.". In section 82 of the
principal Act,-- (i)
in sub-section (2), after the words, "in respect of leases of
agricultural lands", the words "other man those lands situated in
Municipalities and Municipal Corporations" shall be inserted; (ii)
after explanation, the following explanation shall be added,
namely:- "Explanation II: For
the purpose of this sub-section, small and marginal farmer means a person who
being a lessee is holding lands in excess of acres 0.25 cents of wet land or
acres 0.50 cents of dry land over and above the ceiling limits of acres 2.50
wet or acres 5.00 dry land respectively they maybe allowed to continue in lease
subject to payment of 2/3rd of prevailing market rent and excess land held if
any more than the above limits shall be put in public auction." In section 83 for the words
"Deputy Commissioner" wherever they occur, the words "Endowments
Tribunal" shall be substituted and in sub sections (2) and (4) for the
word "he" the word "it" shall be substituted and in sub
section (6) for the word "him" the word "it" shall be
substituted. For section 84, the
following section shall be substituted:- 84. "Mode of eviction
on failure of removal of the encroachments as directed by the Endowments
Tribunal.-- (1)
Where within the period specified in the order under sub-section
(4) of section 83, the encroacher has not removed the encroachment and has not
vacated the land, building or space, the Assistant Commissioner having
jurisdiction over the sub-division may remove the encroachment and obtain
possession of the land, building or space, encroached upon, taking such police
assistance as may be necessary. Any Police Officer whose help is required for
this purpose shall be required to render the necessary help to the Assistant
Commissioner. (2)
Nothing in sub-section (1) shall prevent any person aggrieved by
any order of the Endowments Tribunal under sub-section (4) of section 83 from
preferring an appeal before the High Court to establish that the Charitable or religious
Institution or Endowment has no title to the land, building or space: Provided that no appeal
shall be preferred after expiry of ninety days from the date of receipt of the
order under sub-section (4) of section 83: Provided further that no
such appeal shall be preferred by a person who is let in to the possession of
land, building or space, or who is a lessee, licensee or mortgagee of
Institution or Endowment". For section 85, the
following section shall be substituted, namely:- 85. (1)
Where the Deputy Commissioner knows or has reason to believe that a group or
groups of persons, without any entitlement and with the common object of
occupying any land, which is the property belonging to charitable or religious
institution or endowment, are occupying or have occupied any such land and if
such group or groups of persons have not vacated the land on demand by the
Deputy Commissioner or any officer authorized by him in this behalf, he shall
make an application to the Endowments Tribunal having jurisdiction over the
area in which the institution or endowment is situated for eviction of
encroachers. (2) ??Where, in any proceedings taken under this
section, or in consequence of anything done under this section, a question
arises as whether any land is the property of the charitable or religious
institution or endowment, such land shall be presumed to be the property of the
charitable or religious institution or endowment until the contrary is proved. (3) ??Notwithstanding anything in this Act, any
order of eviction passed by the Endowments Tribunal under sub-section (1) shall
be final and shall not be questioned in any Court.". For section 87, the following
section shall be substituted, namely:- 87. "Power of
Endowments Tribunal to decide certain disputes and matters.-- (1)
The Endowments Tribunal having jurisdiction shall have the power,
after giving notice in the prescribed manner to the person concerned, to
enquire into and decide any dispute as to the question- (a)
whether an institution or endowment is a charitable institution or
endowment; (b)
whether an institution or endowment is a religious institution or
endowment; (c)
whether any property is an endowment, if so whether it is a
charitable endowment or a religious endowment; (d)
whether any property is a specific endowment; (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; (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 (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; (h)
Whether a person is a founder or a member from the family of the
founder of an Institution or Endowment. (2) The
Endowments Tribunal may, pending its decision under sub-section (1), pass such
order as it deems fit for the administration of the property or custody of the
money belonging to the institution or endowment. (3) The
Endowments Tribunal may while recording its decision under sub-section (1) and
pending implementation of such decision, pass such interim order as it may deem
fit for safeguarding the interests of the institution or endowment and for
preventing damage to or loss or misappropriation or criminal breach of trust in
respect of the properties or moneys belonging to or in the possession of the
institution or endowment. (4) The
presumption in respect of matters covered by clauses (a), (b), (c), (d) and (e)
in sub-section (1) is that the institution or the endowment is a public one and
that the burden of proof in all such cases shall lie on the person claiming the
institution or the endowment to be private or the property or money to be other
man that of a religious endowment or specific endowment, as the case may be. (5)
Notwithstanding anything contained in the above sub sections the
Deputy Commissioner having jurisdiction shall continue to enquire into and
decide the disputes referred to in sub-section (1) until the constitution of
the Endowments Tribunal. For section 88, the
following section shall be substituted, namely: 88. "Right of appeal
against the decision of the Endowments Tribunal under Section 87. Any person aggrieved by the
decision of the Endowments Tribunal under section 87 and section 119 may, within
ninety days from the date of receipt of the decision prefer an appeal to the
High Court" In section 89 of the
principal Act, to sub section (2) the following proviso shall be added,
namely:- "Provided that the
Commissioner shall pass an order after taking into consideration the
recommendations of the committee of the three officers drawn from Endowments,
Revenue and Law Department to be constituted for this purpose.". In section 112 of the
principal Act,-- (1) after
sub-section (4), the following sub-section shall be added, namely:- "(5)? in order to advise the said Parishad, it
shall be lawful for the Board to constitute a body called "Tirumala
Tirupathi Devasthanams Sanathana Dharama Prachara Sadas" comprising of
heads of different Hindu Mutts, prominent Hindu Charitable Trusts,
Organizations and other individuals in a manner as may be prescribed.". (2) for the
words "Dharma Prachara Parishad" wherever they occur, the words
"Hindu Dharma Prachara Parishad" shall be substituted. In section 114 of the
Principal Act, in sub section (3),- (1) in clause
(a) after sub clause (vii) the following sub-clauses shall be added, namely:- "(viii)
tonsuring or hair-cutting in places other than those earmarked for the said
purpose by the Executive Officer. (ix) ??unlicensed Hawkers and Vendors. (x)?? ?dealing in any manner with Seva Ticket,
Prasadam and accommodation belonging to the Tirumala Tirupathi Devasthanam
except at such places and by persons specially authorized in this behalf by
him.". In section 116 of the
principal Act, in sub-section (6), in clause (b), for the expression "the
balance referred to in the proviso to item (iv) of clause (a)", the
expression "the annual income as referred to under section 65" shall
be substituted. For section 118 of the
principal Act the following section shall be substituted, namely:- "118.
"Encroachment: The provisions in sections
83, 84, 85 and 86 shall apply to Tirumala Tirupathi Devasthanams and the powers
therein shall be exercised by the Endowments Tribunal." For section 119 of the
principal Act the following section shall be substituted, namely.- "119. "Enquiries. The provisions in section
87 shall apply to Tirumala Tirupathi Devasthanams and the powers therein shall
be exercised by the Endowments Tribunal." To section 144 of the
principal Act, before the explanation there under, the following provisos shall
be added, namely:- "Provided that the
above said provision shall be applicable only for those institutions whose
annual income as defined under section 65 exceeds Rs. 5.00 lakhs per annum: Provided further that
notwithstanding anything contained in this section, the Commissioner shall be
competent to frame a separate scheme in case of such institutions where he
satisfies himself for the reasons to be recorded in writing that framing of such
a scheme is necessary stipulating the conditions of service and payment of
emoluments to the Archakas, office holders and servants of the institution.
Such a scheme shall come into force only after approval of the Dharmika
Parishad". In section 145 of the
principal Act, to sub-section (1), the following proviso shall be added,
namely:- "Provided that the
conditions to be satisfied for any such adoption or amalgamation shall be as
may be prescribed." For section 152 of the
principal Act, the following section shall be substituted, namely:- 152. "Constitution of
Andhra Pradesh Dharmika Parishad. (1)
The Government shall, by notification in the Andhra Pradesh
Gazette constitute the 'Andhra Pradesh Dharmika Parishad' for the State
consisting of the following members, namely.- (i)
Minister for Endowments who shall be the Chairman; (ii)
The Principal Secretary/Secretary to Government, Revenue
Department in charge of religious and Charitable Institutions and Endowments; (iii)
The Commissioner of Endowments who shall be member secretary; (iv)
The Executive Officer, Tirumala Tirupathi Devasthanams; (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; (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; (vii)
A retired senior officer of the endowments department; (viii)
Retired judge of the High Court who is a devout Hindu and has
commitment to improve the Hindu Temple system; (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. (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; (xi)
Two Agama pandits to be nominated by the Government; (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. (2) The
Parishad may for the purpose of consultation, invite any person having
experience and specialized knowledge in any subject under its consideration to
attend its meetings and every such person shall be entitled to such allowances
as may be prescribed. (3) The
powers, functions and term of office etc., of the members of Andhra Pradesh
Dharmika Parishad shall be such, as may be prescribed. (4)
The Government may by order delegate its powers and functions to
the Andhra Pradesh Dharmika Parishad. After section 160 of the
principal Act, the following new sections shall be added, namely:- 161. "Archakas and
other employees welfare fund.-- (1) Every
Religious Charitable Institution other than Tirumala Tirupathi Devasthanam
whose annual income exceeds rupees twenty lakhs per annum as defined under
section 65 shall be liable to contribute annually 3% of its income to the
Archakas and other employees Welfare Fund constituted and administered through
a Trust Board created for the purpose: Provided that Tirumala
Tirupathi Devasthanams shall contribute such sum to the Fund as the Government
may specify from time to time. (2) The fund
constituted under sub-section (1) shall be utilized for the welfare of the
Archakas and other employees working in the religious, charitable Institutions
and endowments in accordance with the terms and conditions of the Trust
registered for the purpose. 162. "Constitution of
Endowments Tribunal.-- (1)
Government may, for the purpose of this Act, constitute as many
Tribunals as it may think fit, for the determination of any dispute, question
or the matter relating to a Charitable Institution, Dharmadayam, Religious
Charity, Religious Endowments, Religious Institution or any Institution as
defined in the Act and also define the local limits and jurisdiction of each of
such Tribunals. (2)
Where any application is made relating to any property of the
institution which falls within the territorial limits of the jurisdiction of
two or more Tribunals, such application may be made to the Tribunal within the
local limits of whose jurisdiction the Head Office or the main institution is
located and where any such application is made to the Tribunal aforesaid, the
other Tribunal or Tribunals having jurisdiction shall not entertain any
application for the determination of such dispute question or other matter. (3)
The Tribunal shall consist of a Chairman and one other member to
be appointed by the Government. (4)
The Chairman shall be a person who is or has been a judicial
officer not below the rank of a District Judge and a member shall be a person,
who holds or has held a post not below the rank of Additional Commissioner of
Endowments. (5)
The Government may, from time to time, likewise reconstitute any
Tribunal constituted under sub-section (1) or may abolish such Tribunal. (6)
The procedure followed by a Tribunal and the manner of taking
decision mere at and the procedure and conduct of its business shall be such as
may be prescribed. (7)
No act or proceeding of any Tribunal shall be deemed to be invalid
by reason only of the existence of any vacancy among its members or any defect,
in the constitution or reconstitution thereof."
Preamble - THE ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS
INSTITUTIONS AND ENDOWMENTS (AMENDMENT) ACT, 2007PREAMBLE