MADRAS ENDOWMENTS AND ESCHEATS REGULATION, 1817[1] A Regulation for the due appropriation of the rents
and produce of lands granted for the support of mosques, Hindu temples and
colleges, or other public purposes; for the maintenance and repair of bridges,
choultries or chattrams, and other public buildings; and for the custody and
disposal of escheats. Whereas considerable endowments have been granted
in money, or by assignments of land, or of the produce or portions of the
produce of land by former Governments of this country, [2][ ] and
by individuals for the support of mosques, Hindu temples, colleges and
choultries, and for other pious and beneficial purposes; and whereas there are
grounds to believe that the produce of such endowments is in many instances
appropriated, contrary to the intentions of the donors, to the personal use of
the individuals in immediate charge and possession of such endowments, and
whereas it is the duty of the Government to provide that all such endowments be
applied according to the real intent and will of the grantor; and whereas it is
moreover expedient to provide for the maintenance and repair of bridges,
choultries, chattrams and other buildings which have been erected either at the
expense of Government or of individuals, for the use and convenience of the
public; and also to establish proper rules for the custody and disposal of
escheatsthe following rules have been enacted, to be in force from the date of
their promulgation throughout the [3][territories]
immediately dependent on the Presidency of Fort St. George. The general superintendence of all endowments in
land or money granted for the support of mosques, Hindu temples or colleges, or
for other pious and beneficial purposes, and of all public buildings, such as
bridges, choultries or chattrams, and other edifices, in the several [4][territories]
dependent on the Presidency of Fort St. George, is hereby vested in the Board
of Revenue. It shall be the duty of the Board of Revenue to
take such measures as may be necessary to ensure that all endowments made for
the maintenance of establishments of the description above-mentioned are duly
appropriated to the purpose for which they wore destined by the Government or
the individuals by whom such endowments wore made. In like manner it shall be
the duty of that Board to provide, [5][* * * *]
for the due repair and maintenance of all public edifices which have been
erected at the expense either of the former or present Government, or of
individuals, and which either are or can be, rendered conducive to the
convenience of the community. In those cases, however, in which any of the
buildings specified in the preceding section have fallen to decay, and cannot
be conveniently repaired, or are not calculated, if repaired, to afford any material
accommodation to the public, the Board of Revenue shall submit to [6][the
State Government] their opinion as to the most expedient mode of disposing of
such buildings; and they shall be sold on the public account, or otherwise
disposed of, as the [7][State
Government] may determine. Under the foregoing rules it may be incumbent on
the Board of Revenue to prevent any endowments in land or money, which have
been granted for the support of establishments of the above description, or any
public edifices, from being converted to the private use of individuals or
otherwise misappropriated. The general superintendence of all escheats is
likewise hereby vested in the Board of Revenue, who will, through the channel
hereafter mentioned, inform themselves fully of all property of that
description, and submit to [8][the
State Government] their opinion as to the most expedient mode of disposing
thereof; and the same shall be sold on the public account, or otherwise
disposed of, as the [9][State
Government] may determine. To enable the Board of Revenue the better to carry
into effect the duties intrusted to them by this Regulation, local agents shall
be appointed in each zila, subject to the authority, control and orders of that
Board. The Collector of the zila shall be ex-officio one
of those agents, and the [10][State
Government], when [11][it]
deems it necessary, may appoint any other public officer or officers from the
civil, military or medical branch of the service to act in conjunction with
him. Under the provisions of the present Regulation it
will be the duty of the local agents to obtain full information from the public
records, and by personal inquiries, respecting all endowments, establishments
and buildings of the nature of those before described, and respecting all
escheats, and to report to the Board of Revenue any instance in which they may
have reason to believe that lands or buildings, or the rent or revenues derived
from lands are unduly appropriated, being in all cases careful not to infringe
any private rights, or to occasion unnecessary trouble or vexation to
individuals. The said local agents shall further ascertain and
report to the Board of Revenue the names of the present trustees, managers or
superintendents of the several institutions, foundations or establishments
above described, together with other particulars respecting them, and by whom
and under what authority they have been appointed or elected, and whether in
conformity to the special provisions of the original endowment and
appropriation by the founder or under any general rules or maxims applicable to
such institutions and foundations. The local agents shall also report to the Board of
Revenue all vacancies and casualties which may occur, with full information of
all circumstances, to enable that Board to judge of the pretensions of the
person or persons claiming the trait, particularly whether the succession has
been heretofore by inheritance in the line of descent, or whether the successor
has been in former instances elected, and by whom, or whether he has been nominated
by the founder, or his heir or representative, or by any other individual
patron of the foundation, or by any officer or representative of Government, or
directly by the Government itself. In those cases in which the nomination has usually
rested with the Government, or with the public officer, or in which no private
person may be competent and entitled to make sufficient provision for the
succession to the trust and management, it will be the further duty of the
local agents to propose, for the approval and confirmation of the Board of
Revenue, a person or persons for the charge of trustee, manager or
superintendent, strictly attending be the qualifications of the person or
persons selected, and to any special provisions of the original endowments and
foundation, and to the general rules or the known usages of the country
applicable to such cases. On the receipt of the report and information
required by the preceding clause, the Board of Revenue shall either appoint the
person or persons nominated for their approval, or shall make such other provision
for the trust, management or superintend once, as may to them seem right and
fit, with reference to the nature and conditions of the endowment, having
previously called for any further information from the local agents that may
appear to them to be requisite. Nothing contained in this Regulation shall be
construed to preclude any individual who may conceive that he has just grounds
of complaint on account of any orders which may be passed by any of the
before-mentioned authorities with respect to the appropriation of any lands or
buildings, or of any rents and revenues from lands, of the nature of those
before described, from suing in the mode and form prescribed by the Regulations
where [12][the
Government] or public officers are parties; or under the general provisions of
Regulations, if the suit be brought against a competitor or other private
person, for the recovery thereof in the regular course of law, or for
compensation in damages for any loss or injury supposed to have been unduly
sustained by him. It is to be clearly understood that the object of
the present Regulation is solely to provide for the due appropriation of lands
or other endowments granted for public purposes agreeably to the intent of the
grantor, and not to resume any part of them or of their produce, for the
benefit of Government. In like manner it is fully intended that all buildings
erected by any former or the present Government, or by individuals, for the
convenience of the public, should be exclusively appropriated to that purpose,
with the exception of such as have fallen to decay and cannot be conveniently
repaired or which can no longer contribute to the accommodation of the
community. The legislative provisions now in force or which
may hereafter be enacted, for the punishment of fraud or embezzlement in
the [13][
] servants of [14][the
Government] employed under the Collector in the department of land-revenue,
shall be held applicable to all [15][ ]
servants, and to all trustees, managers or superintendents employed in, or
charged with, the settlement, custody or appropriation of the revenues, funds
or other property of the public institutions referred to in this Regulation. Notwithstanding anything hereinbefore contained,
the [16](State
Government) may delegate power to dispose of buildings under section 4 of
escheats under section 6 to the Board of Revenue or to any officer not below
the rank of an officer-in-charge of the revenue administration of a division of
a district.][17] [1] Short title,
"The Madras Endowments and Escheats 'Regulation, 1817 "see the
Repealing and Amending Act, 1901 (Central Act XI of 1901). This Regulation shall cease to apply to Hindu
religious institutions end endowmentssee s. 5(3) of the Madras Hindu Religious
and Charitable Endowments Act, 1951 (Madras Act XIX of 1951). So much of this Regulation as relates to endowments
for the support of mosques, Hindu temples or other religious purposes is
repealed by the Religious Endowments Act, 1863 (Central Act XX of 1863). This Regulation was declared by the Laws Local
Extent Act, 1874 (Central Act XV of 1874), s. 4 and the Second Schedule, to be
in force in the whole of the Presidency of Madras except the territories
mentioned in the Sixth Schedule to that Act. This Regulation was extended to the merged State of
Pudukkottai by section 3 of, and the First Schedule to, the Madras Merged
States (Laws) Act, 1949 (Madras Act XXXV of 1949). [2] The words
"as well as by the British Government" were omitted by the Adaptation
Order of 1950. [3] This word was
substituted for "Provinces" by the Adaptation Order of 1950. [4] This word was
substituted for "Provinces" by the Adaptation Order of 1950. [5] The words
"with the sanction of Government" were repealed by the Madras
Decentralization Act, 1914 (Madras Act VIII of 1914). [6] The words
"the Provincial Government" were substituted for the word
"Government" by the Adaptation Order of 1937 and the word
"State" was substituted for "Provincial" by the Adaptation
Order of 1950. [7] The words
"Provincial Government" were substituted for the words "Governor
in Council" by the Adaptation Order of 1937 and the word "State"
was substituted for "Provincial" by the Adaptation Order of 1950. [8] The words
"the Provincial Government" were substituted for the word
"Government" by the Adaptation Order of 1937 and the word
"State" was substituted for "Provincial" by the Adaptation
Order of 1950. [9] The words
"Provincial Government" were substituted for the words "Governor
in Council" by the Adaptation Order of 1937 and the word "State"
was substituted for "Provincial" by the Adaptation Order of 1950. [10] The words
"Provincial Government" were substituted for the words "Governor
in Council" by the Adaptation Order of 1937 and the word "State"
was substituted for "Provincial" by the Adaptation Order of 1950. [11] This word was
substituted for the word "he" by the Adaptation Order of 1937. [12] The words
"the Crown" were substituted for the word "Government" by
the Adaptation Order of 1937 and the word "Government" was
substituted for "Crown" by the Adaptation Older of 1950. [13] The word
"Native" was omitted by the Adaptation Order of 1950. [14] The words
"the Crown" were substituted for the word "Government" by
the Adaptation Order of 1937 and the word "Government" was
substituted for "Crown" by the Adaptation Order of 1950. [15] The word
"Native" was omitted by the Adaptation Order of 1950. [16] The words
"Provincial Government" were substituted for the words "Governor
in Council" by the Adaptation Order of 1937 and the word "State"
was substituted for "Provincial" by the Adaptation Order of 1950. [17] Section 17 was
added by the Madras Decentralization Act, 1914 (Madras Act VIII of 1914).MADRAS ENDOWMENTS AND ESCHEATS
REGULATION, 1817
PREAMBLE