MANAGEMENT AND PRESERVATION OF PROPERTIES OF RELIGIOUS INSTITUTIONS
In exercise of the powers conferred by clauses (xvii), (xviii), (xix) and (xxii) of sub-section (2) of section 116 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959), the Governor of Tamil Nadu hereby makes the following rules, namely:--
11. Short title.--
These rules may be called the Management and Preservation of Properties of Religious Institutions Rules.
2. Definitions.--In these rules,--
(i) "appropriate authority" means--
(a) the 1[Government] in relation to religious institutions published under sections 46(i), 46(ii) and 46(iii) of the Act, if the estimated cost of the works exceeds 2[Rs. 1,00,00,000];
(b) the 2[Commissioner] in relation to religious institutions not published under section 46 and religious institutions included in the list published under section 46(i) and 46(iii) of the Act, if the estimate cost of the works exceeds Rs. 5,00,000;
(c) [Omitted.]
3(d) The Joint Commissioner, subject to revision or cancellation by the Commissioner in relation to all religious institutions included in the list published under sections 46(i), 46(h) and 46(iii) of the Act and in respect of all the institutions not published under section 46 of the Act, if the estimated cost of the works exceeds Rs. 25,000, but does not exceed Rs. 5,00,000. In case of donors without adding any other fund and subject to the conditions that no alterations or additions to the existing structure shall be made, the estimate of which are up to Rs. 10,00,000.
(e) The Executive Officer concerned, subject to revision or cancellation by the Commissioner in relation to religious institutions having an Executive Officer in the cadre of Joint Commissioner, if the estimated cost of the works does not exceed Rs. 5,00,000.
(f) in relation to religious institutions having an Executive Officer in the cadre of Deputy Commissioner, if the estimated cost of the work does not exceed Rs. 2,00,000.
The Assistant Commissioner having jurisdiction subject to revision or cancellation by the Commissioner.
(g) in relation to religious institution not published under section 46 if the estimated cost of the work does not exceed Rs. 25,000:
Provided that the Assistant Commissioner or the Executive Officer concerned can permit the works up to Rs. 2,00,000, if it is undertaken by the donor without aid of any other fund subject to the condition that no alteration, addition or demolition of any existing structure is done.
The Executive Officer concerned subject to revision or cancellation by the Commissioner.
(h) in the case of religious institutions having an Executive Officer in the cadre of Assistant Commissioner if the estimated cost of work does not exceed Rs. 25,000:
Provided that the Executive Officer concerned can permit the works up to Rs. 2,00,000 if it is undertaken by donor without the aid of any other fund, subject to the condition that no alteration, addition or demolition of any existing structure is done.
(i) the Commissioner in relation to all other cases.
(ii) "building" includes the premises of a religious institution and any building or structure or work to facilitate irrigation and increase irrigation facilities owned by, or in the possession of, a religious institution.
(iii) "work" means work relating to the construction, repair, alterations, conservation or renovation of any building or other structure belonging to a religious institution including its premises or work to facilitate irrigation and increase irrigation facilities but not any gopuram, vimanam, stone mantapam or other stone structure with stucco works belonging to it.
3. Annual report on works to be carried out.--The trustee of a religious institution shall submit to the appropriate authority annually, six months before the end of each fasli, a report on the works which it is desirable or necessary to carry out during the succeeding fasli, setting out the need for, and the details of, the works and giving a rough estimate of the expenditure involved and of the manner in which the expenditure on the works is proposed to be met.
4. Preparation of plans and estimates for works.--(1) Where the proposal of a trustee to execute any work is approved by the appropriate authority, detailed estimate shall be prepared and submitted along with the plan, if any, to the appropriate authority.
(2) Detailed plans and estimates shall be prepared by persons having the qualifications and status specified in Annexure-I to these rules from out of a panel approved by the Government, from time to time:
Provided that these qualifications and status shall not apply to any officer specifically appointed by the Government for the purpose or any technical person from among the staff of the Hindu Religious and Charitable Endowments (Administration) Department.
(3) The measurements of works shall be recorded by a retired Supervisor or overseer of Public Works or Highways Department or one possessing an equivalent qualification with a minimum service of three years. The check-measurement of works shall be done by an Assistant Executive Engineer or Divisional Engineer of the Public Works or Highways Department, irrespective of the cost of the works or by a private engineer selected by the competent authorities from the aforesaid panel.
The Divisional Engineer, Highways Department or an Executive Engineer of the Public Works Department shall carry out super check of major works where such items warrant his inspection as in Highways or Public Works Department and could select such works which may be not more than twelve in a year:
Provided that the Superintending Engineer of the Highways Department of a senior rank shall function as an advisor in the field of engineering in preparation and disposal of estimates and tenders:
Provided further that in the case of check-measurement, private or retired persons selected from the panel approved by the Government shall be from a grade higher than those competent to prepare estimates and plans, for the different grades of works mentioned in Annexure I and where persons in active service are selected centage charges at a rate not exceeding one per cent of the estimated cost of works subject to a minimum of Rs. 5 in each case shall be levied and credited to the Government:
Provided also that in the case of institutions, where a technically qualified person is employed with the sanction of the competent authority, the preparation of estimates and plans, measurement and check-measurement and supervision of the works may be got done by such technically qualified persons in respect of items of works costing less than Rs. 5,00,000 in each case:
Provided also that for the purpose of check-measurement of works, the officers of Public Works and Highways Department in actual service may be preferred as far as possible.
(4) In the case of private or retired persons noted in Annexure-I, the trustee or trustees of religious institutions may fix the rate of fee in each case, subject to a maximum of one per cent of the estimated cost of the work and to a minimum of Rs. 24 in each case for preparing, scrutinising and counter-signing the plans and estimates.
5. Estimate of works.--The estimate of work shall consist of (a) a report, (b) a specification, (c) detailed statement of measurements and quantities, (d) data sheet of rates, wherever necessary, and (e) an abstract showing estimated cost of each item. In the case of all works of importance, the estimate should be accompanied also by a plan showing the design.
6. Report.--The report shall state in clear terms the object to be gained by the execution of the work estimated for, and explain any peculiarities which require elucidation, including wherever necessary, the reasons for the adoption of the estimated project or design in preference to others.
7. Specification.--The report shall be followed by the specification which must show fully and clearly, but as briefly as possible, the details of the work, how each portion is to be done, and what materials are to be used.
8. Statement of measurement.--A statement of the detailed measurements shall accompany the specifications.
9. Abstract of estimates.--The abstract of estimate for all works except miscellaneous petty works shall show the total cost (in whole rupees) of each kind of work and the detailed measurements as required in rule 8. In the case of miscellaneous petty works, however, the abstract need show only the estimated cost.
10. Works not purely secular.--(1) Proposals in regard to works that are not purely secular shall be framed with due regard to the principles and practice for traditional architecture and to the need for preserving architectural, sculptural and archaeological features.
(2) White washing and painting may be done only for non-granite structures which do not contain any inscriptions or other sculptural works.
11. Execution of building works by worshipper or other person.--Whenever a worshipper or other person offers to donate the cost of or to execute any building works, the trustee shall obtain from him details of his proposals and if he proposes to undertake the works himself, a statement showing the manner in Which the necessary finances for the execution of works will be made available and the time within which the construction will be completed and forward the details or statement, as the case may be, to the appropriate authority with his remarks whether the said offer may be accepted and, if so, on what conditions.
12. Submission of plans and estimates to appropriate authority.--(1) On the appropriate authority approving the proposal of the trustee to execute the works from the funds of the institution, the trustee shall prepare detailed estimates for the works proposed, make provision in the budget of the proposed expenditure and submit the estimate along with plans to the appropriate authority.
(2) When the appropriate authority approves the trustee's proposal to allow a worshipper or other person to execute any building work and settles the conditions on which such permission may be granted, the trustee shall obtain from such worshipper or other person, detailed plans and estimates for the works proposed and submit them to the appropriate authority with his remarks.
13. Sanction of plans by appropriate authority.--(1) The appropriate authority may sanction the plans and estimates submitted under rule 12 with such modifications and subject to such conditions, as it may deem fit and where the cost of the construction is to be met from the funds of the institution, sanction the necessary expenditure.
(2) The appropriate authority may decide whether the building work is to be made departmentally or through contractors.
14. Supervision, control and inspection of building works.--In all cases in which a building work is undertaken either depart-mentally or otherwise, such work shall be subject to supervision, control and inspection at a cost not exceeding 5 per cent of the estimated cost of the works as may be fixed by the appropriate authority as and when the appropriate authority deems fit and the said authority may, at any stage of the execution, order such check measurement and control as may be deemed essential before the work is further proceeded with or further expenditure incurred.
15. Execution of minor building works in anticipation of sanction.--A trustee or the Board of Trustees, as the case may be, shall not undertake or commence any building work without the sanction of the appropriate authority, provided that minor repairs, which cannot be postponed, owing to urgency, may be executed in anticipation of sanction applied for.
16. Deviations from plan and estimate not to be made without sanction.--(1) A trustee or the Board of Trustees, as the case may be, shall not, except with the written sanction of the appropriate authority, exceed the expenditure sanctioned or deviate from the plan and estimate approved by the said authority.
(2) A trustee or the Board of Trustees, as the case may be, shall not permit any worshipper or other person to commence the execution of any work or deviate from the plan approved by the appropriate authority without the permission of that authority.
17. Obtaining supplies.--(1) In the case of supplies, the trustee or the Board of Trustees, as the case may be, decide--
(a) whether purchases may be made without or in advance of the preparation of the estimate;
(b) whether estimate shall be prepared for the purchase of articles required for the whole of the fasli year or for shorter periods;
(c) whether either generally or for any class or specifically for any particular case, supplies shall be obtained by contract or otherwise.
(2) Where the amount of estimates prepared by the trustee or the Board of Trustees, as the case may be, for the purchase of supplies exceeds Rs. 250, the estimates shall be sent to the appropriate authority for sanction.
18. Tenders to be called for.--4(1) Tenders should, invariably, be called for when the amount involved in a particular contract is Rs. 10,000 or more. This rule does not admit of a major work being split into parts, of each costing less than Rs. 10,000 and each part being given out on contract without calling for tenders.
(2) In all cases where works are to be executed or supplies are to be made by contract, tenders shall be invited--
(a) by publication of advertisement in one or more daily newspapers having circulation in the area in which the institution is situate; or
(b) by publication of notice in the form shown in Annexure-II in the language of the locality, by affixture--
(i) on the notice board of the Panchayat Office or if there be no panchayat, of the village chavadi; and
(ii) on the notice board of the office of the Assistant Commissioner having jurisdiction over the area in which the institution is situate.
Such advertisement shall contain information as to when and where and to whom the tenders are to be submitted and when and where and by whom they are to be opened.
3(3) In the case of works costing Rs. 50,000 (fifty thousand) or more, notices inviting tenders shall, invariably, be published in one or two important newspapers.
(4) The tenderers shall have free access to contract documents.
19. Advertisement or notice calling for tenders.--Every advertisement or notice published under rule 18 shall also state--
(1) when and where the contract documents may be inspected and the blank forms of tender can be obtained and also the amount to be paid for copies of plans or other tender documents;
(2) the amount of earnest money to accompany the tender and the amount and nature of the security deposit required in the case of the accepted tender.
In the case of lump sum contracts, the amount of earnest money and that of the additional security, and in the case of piece work contracts, the amount of earnest money should each be 2.5 per cent of the sanctioned estimated figure when the contract is for all the items of work included in the estimate or 2.5 per cent of the estimated amount of contract, when the contract is only for part of the work included in the estimate;
(3) the authority competent to accept the tender;
(4) that the authority competent to accept the tender reserves his right to reject any or all of the tenders received without assigning any reason;'
(5) that no tender will be accepted unless it is submitted in duplicate in a sealed cover and is in the form specified in Annexure-II;
(6) that no tender shall be accepted from any person directly or indirectly connected with Government service or the service of a religious institution.
20. Procedure for acceptance of tenders.--The trustee or where there is a Board of Trustees, the Chairman thereof or any trustee empowered by the Chairman in this behalf shall, at the time and place specified for the purpose, open the sealed covers containing the tenders in the presence of such of the tenderers or their agents as may be present and until the sealed covers are so opened, they shall be kept in the personal custody of the trustee or the Chairman, as the case may be.
21. Over-writing, etc., in rates tendered.--Over-writing, erasures or alteration in the rates tendered shall not be admitted unless they are attested by the tenderer with date. The trustee or the Chairman, as the case may be, shall immediately on opening the covers, attest with date all such over-writings, erasures or alterations. If there are corrections in the tender unattested by the tenderer, a note of such corrections shall be made on the tender itself, when it is opened.
22. Preparation of comparative statement of the rates tendered.--The trustee or the Chairman, as the case may be, shall prepare or cause to be prepared, a comparative statement of the rates tendered by the different tenderers and when opening the tenders, shall keep a personal note of the total number of tenders opened by him and verify therewith the number in comparative statement of the tenders.
After the preparation of the comparative statement and before the selection of a tenderer, the trustee or the Chairman, as the case may be, shall examine all the tenders and satisfy himself that no corrections, which were not in the tenders at the time he received them, had been made in any of them.
23. Acceptance of tenders.--(1) All tenders for works or supplies shall be accepted only after taking into consideration the financial status of the tenderers, their capability, the security offered by them and the record of their execution of any works previously. Ordinarily the lowest tender shall be accepted. If in any case, it is decided to accept any tender other than the lowest tender, the trustee or the Board of Trustees, as the case may be, shall prepare a confidential record containing the reasons there for on the comparative statement referred to in rule 22 and send all the tenders and the comparative statement prepared under rule 22 to the appropriate authority, who shall power to pass final orders. The acceptance or rejection of tenders is left entirely to the discretion of the trustee or the Board of Trustees, as the case may be, and no tenderer can demand the cause of rejection of his tender to be divulged to him. Such an explanation may, however, be called for by a superior authority, if considered necessary.
Tenders received by religious institutions in respect of works the monetary limit of which is specified in column (1) below shall be sanctioned by the authorities of the Department specified in the corresponding entries in columns (2) and (3) thereof, respectively.
|
Monetary limit in Rupees |
Technical authority competent to scrutinize tenders |
Administrative authority to approve tenders |
|
(1) |
(2) |
(3) |
|
3Up to Rs. 25,000. |
5[Assistant Engineer of the Highways and Rural Works Department or Public Works Department or Hindu Religious and Charitable Endowments Administration Department]. |
In the case of religious institutions not published under section 46 of the Act, the Assistant Commissioner having jurisdiction and the Assistant Commissioner/Executive Officer concerned in the case of religious institutions having an Executive Officer in the cadre of Assistant Commissioner subject to revision or cancellation by the Commissioner. |
|
Rs. 25,001 to 2,00,000. |
Assistant Divisional Engineer of the Highways and Rural Works Department or Assistant Executive Engineer of Public Works Department 5[or Assistant Divisional Engineer or Assistant Executive Engineer of the Hindu Religious and Charitable Endowments Administration Department]. |
In the case of religious institutions having an Executive Officer in the cadre of Deputy Commissioner, Executive Officer concerned subject to revision or cancellation by the Commissioner. |
|
Rs. 2,00,001 to 5,00,000 |
Assistant Divisional Engineer of the Highways and Rural Works Department or Assistant Executive Engineer of Public Works Department, 5[Assistant Divisional Engineer or Assistant Executive Engineer of the Hindu Religious and Charitable Endowments Administration Department]. |
In the case of religious institutions included in the list published under section 46(i) and (ii) and all the institutions not published under section 46 of the Act, the Joint Commissioner having jurisdiction and the Joint Commissioner/Executive Officer in respect of religious institutions having an Executive Officer in the cadre of Joint Commissioner subject to revision or cancellation by the Commissioner. |
|
3[Rs. 5,00,001 to 1,00,00,000] |
By the Superintending Engineer of the Highways and Rural Works Department 5[or Public Works Department or Hindu Religious and Charitable Endowments Administration Department]. |
The Commissioner subject to the modification or cancellation by the Government. |
|
5[Rs. 1,00,00,000] and above |
-do- |
The Government. |
Explanation.-- If the tenders are scrutinised by a retired technical person, it shall be, by a person of that next high grade.
(2) The Commissioner shall have power to delegate all or any of the powers under this rule to any subordinate authority including those serving in religious institutions on deputation and such delegation to technical person shall always be subject to the monetary limits prescribed above; and
(3) Notwithstanding the provisions of sub-rule (1), the decision of trustee or the Board of Trustees, as the case may be, in respect of tenders for works or supplies, the amount for value of which exceeds Rs. 5,000 shall be subject to the confirmation of the appropriate authority.
24. Form of security in contracts.--The form of security to be taken in the case of piece-work contracts shall be as laid down in the conditions specified in the tender for piece-works in Annexure II. The form of security to be taken in the case of contracts based on the lump sum tender system as defined in the Tamil Nadu Detailed Standard Specification shall be as laid down in the form of the tender notice and articles of agreement.
25. Contracts on behalf of religious institution.--Every contract made on behalf of a religious institution shall be in writing in the common form prescribed in the Tamil Nadu Financial Code for Departments other than the Public Works Department.
26. Execution of contract.--Every contract shall be executed by the contractor and by the trustee.
27. Matters to be specified in contracts.--(1) Every contract shall specify--
(a) the quality and quantity of the work to be done or of the materials and articles to be supplied;
(b) the specifications to be complied with;
(c) the time within which the work is to be completed or the materials and articles are to be supplied;
(d) the conditions to be observed;
(e) the security to be deposited;
(f) the terms upon which payments shall be made;
(g) the penalties to be imposed; and
(h) the provisions necessary for safeguarding the properties entrusted to the contractor.
(2) Wherever necessary, a complete set of drawing shall be appended to the contract, showing the general dimensions of the proposed work and the details of the various parts thereof.
28. Variation of terms of contracts.--The terms of any contract shall not be added to or varied without the previous consent of the person competent to enter into the contract and of the appropriate authority in cases where the decision of the trustee or the Board of Trustees, as the case may be, in respect of tenders is subject to confirmation of such authority.
Every addition to, or variation of, the written contract shall be authenticated by the signature of the parties thereto.
29. Contracts to be in conformity with rules.--Any contract or any addition thereto or variation thereof made or executed otherwise than in conformity with the provisions of these Rules shall not be binding on the religious institution concerned.
30. Construction and repair of gopurams, etc., to be entrusted to stapathis.--The construction of any gopuram, vimanam, stone, mantapam or other stone structure with stucco works or repairs to such construction of which engineers have no specialised knowledge shall, with the specific sanction of the appropriate authority, be entrusted to any able stapathi selected from the panel of stapathis approved by the Government, from time to time. The plans and estimates prepared by the stapathis shall be countersigned by a competent engineer as specified in Annexure-I, provided that in particular cases where the competent authority is satisfied that such countersignature is not necessary and makes a record in writing to that effect, the competent authority shall dispense with such countersignature and direct check-measurement of such works by another stapathi or technical officer from the panel approved by the Government. The remuneration to be paid to the stapathi shall be on the scale prescribed for private or retired persons in rule 4.
31. Repairs, alterations, etc., to antiquities.--(1) A trustee or the Board of Trustees, as the case may be, shall not repair, alter, replace, sell, gift away, or destroy any antiquities or other objects of interest such as sculptures, carvings, inscriptions or paintings without the written permission of the Commissioner and such permission shall be granted only on obtaining competent advice thereon.
(2) While granting permission under sub-rule (1), the Commissioner shall issue such instructions to the trustee or the Board of Trustees, as may be necessary, for preservation of works of art, sculpture, paintings, antiquities and other articles of interest and the trustees shall be bound to carry out such instructions.
32. Travelling allowance to officers, private engineers and stapathis.--The officers and private engineers referred to in the rules shall be paid from out of the funds of the religious institutions concerned, such travelling allowance not exceeding the travelling allowance admissible to the Government servants in the corresponding grades and such inspection fees as prescribed under the rules.
For the purpose of these rules, the stapathis engaged for the works shall be treated as officers under Grade VIII of the Tamil Nadu Travelling Allowance Rules (Pay exceeding Rs. 150, but not exceeding Rs. 240), II Class train and daily allowance of Rs. 2.44 n.p. and they shall be paid accordingly.
33. Trustees to afford facilities to officers, etc., for inspection of building works.--The trustees shall be bound to give the officer or stapathis referred to in rule 32 all facilities for inspection, supervision, verification and check-measurement in the discharge of his functions.
34. Payment of travelling allowances.--The travelling and daily allowances and other fees payable to the officers referred to in rule 32 for journeys in connection with a religious institution shall, on sanction by the Commissioner, be paid by the trustee or the Board of Trustees of the institution concerned; and when more than one institution is included in one inspection, tour, the travelling allowances shall be borne by all such institutions in such proportion as the Commissioner may deem fit, according to the estimated cost of works inspected by the officers and shall be paid by the trustee or the Board of Trustees, as the case may be.
35. Inspection to report the necessity for a building work.--The appropriate authority may either on its own motion or on receipt of requisition from the trustee or the Board of Trustees, depute any officer noted in Annexure-1, or any officer in active service in the Public Works or Highways Department to inspect at the cost of the institution and report whether any building work is necessary and on receipt of such report, he may direct the trustee or the Board of Trustees to incur the necessary expenditure and carry out such work and the trustee shall be bound to do so. Cent age charges at the rate of 2? per cent on the cost of work proposed to be taken up shall be paid from out of the funds of religious institution for inspection by Engineers in service.
36. Maintenance of registers, accounts, etc., in respect of building works.--The trustee or the Board of Trustees shall maintain books, registers accounts, vouchers and records in respect of building works and shall make such reports, as the Commissioner may, by general or special order, direct.
37. Care of structure.--It shall be the duty of the trustee or the Board of Trustees to ensure that the utmost care is taken of the architectural, sculptural and archaeological features of every structure in the temple or on its lands in his or its charge.
37-A. Insuring of valuable building.--6The trustee or the Board of Trustees may insure, if considered necessary, valuable buildings of religious institutions located in important and busy localities with the permission of the Commissioner.
38. Archaeological department to be consulted regarding building work.--Whenever the Commissioner finds it desirable or necessary, he may consult the Archaeological Survey of India regarding any building work.
39. Issue of directions by Government regarding building works of a secular character.--(1) (a) In respect of the building works which are purely secular in character, type and design and which are carried out at the cost of the institution, the Government may direct--
(i) any of the officers referred to in Annexure-I or any of the officers in active service of the State not below the rank of an Assistant Engineer of the Public Works Department or Highways Department; or
(ii) any architect in Government service to inspect or supervise the design or execution of the construction, repair, renovation or alteration of the properties of any religious institution or of any buildings and on consideration of any report that it may call for, direct the execution of such construction, repair, renovation or alteration or deviation from any plans.
(b) In respect of building works which are purely non-secular in character, type and design, the Government may direct the Engineer of the Public Works Department or Highways Department or any Engineer included in the panel of Engineers approved by the Government to inspect or supervise with the assistance of a stapathi, selected also from the panel of stapathis approved by Government, in cases where the assistance of such stapathi is found to be necessary, the design or the execution of construction, repair, renovation or alteration of the properties of any religious institution or any building and on consideration of any report, that it may call for, direct the execution of such construction, repair, renovation or alteration or deviation from any plans.
(2) (a) The officers referred in sub-rule (1) shall be eligible to draw travelling allowance and daily allowance according to the Tamil Nadu Travelling Allowance Rules and inspection fees at the rate of 1 per cent of the cost of works. The travelling allowance, daily allowance and fees shall be paid by the trustee or the Board of Trustees of the institution and be credited to the Public Account of the Government:
Provided that when check-measurement is done, it will include the cost of such inspection also.
40. Trustees to afford facilities to officers, etc., for inspection, etc., of building works of secular character.--The trustee or the Board of Trustees shall be bound to give the officers referred to in sub-rule (i) of rule 39 facilities for inspection, supervision, verification and check-measurement and shall carry out their directions.
41. Exclusion from the operation of these rules.--The Commissioner may exclude any class of institutions or class of works or supplies from the operation of any or all of these Rules for good and sufficient cause.
42. Maintenance of register of the immovable properties.--The trustee or the Board of Trustees of every religious institution shall maintain a register in the form prescribed by the Commissioner showing the other immovable properties including irrigation channels, wells and tanks owned by the religious institution and record in such register all improvements made to them every year.
43. Trustees to inspect all lands, irrigation works and drainage works of religious institution.--The trustee or the Board of Trustees of a religious institution shall inspect before the end of December every year all the lands including irrigation works and drainage works belonging to the religious institution and take timely action for their proper utilisation and removal of damage, mischief or trespass and also submit for approval of the appropriate authority annually six months before the end of each fasli, proposals suggesting improvements to lands including repairs to irrigation tanks and channels such as converting waste lands into cultivable lands, single crop into double crop, dry into wet, growing revenue yielding trees, manure crop, etc., sinking of wells, silt clearance, drainage, etc., which it is desirable or necessary to carry out during the succeeding fasli, setting out the need for, and the details of, the works and giving a rough estimate of the expenditure involved and the manner in which the expenditure on the work is proposed to be met and the appropriate authority may approve them with such modifications and directions as may be found necessary.
44. Procedure for preparation of plans and estimates for improvement of land.--As regards submission of detailed estimates and plans for improvements to lands approved in rule 43, their sanction and execution of works concerned, the provisions of rules 12 to 16 shall mutatis mutandis apply.
45. Inspection of works relating to lands by appropriate authority.--(1) The appropriate authority shall inspect all works relating to lands proposed to be undertaken by a trustee or the Board of Trustees from out of the funds of a religious institution at an estimated cost of Rs. 500 and above and in other cases, where it is of opinion that there is need for securing technical advice and assistance as to the necessity or nature of such works or for the preparation or scrutiny of plans and estimates, it may, having due regard to the nature and importance and the estimated cost of works, direct the trustee or the Board of Trustees to obtain the advice of the District Agricultural Officer, or Agricultural Demonstrator, who has either retired or is in active service and is residing in the district in which the lands are situated or the services of such members as mentioned in rule 32.
(2) The Government may appoint as the appropriate authority for the above purpose--
(a) any officer of the Agricultural Department not lower in rank than a District Agricultural Officer, or
(b) any Engineer in the Public Works Department not below the rank of an Executive Engineer.
46. Allowances and fees admissible to officers referred to in rule 45.--The officers referred to in rule 45 shall be paid from out of the funds of the religious institutions such travelling allowance, daily allowance, inspection fees, fees for the preparation of plans and estimates, scrutiny of plans and estimates, for technical advice or for expert opinion as may be fixed by the Commissioner with regard to the work not exceeding the travelling allowance and daily allowance admissible to the Government servants in active service, in corresponding grades and fees that may be leviable under the Public Works Accounts Code and Agricultural Department Manual, if the work is done by the officers of the Public Works, Highways or Agricultural Department of the State, as the case may be:
Provided that in cases where officers in active service of the Public Works, Highways or Agricultural Department of the State are employed for purposes as specified in rule 45, such charges in accordance with the Public Works Accounts Code and Agricultural Department Manual as may be levied from out of the funds of the religious institutions shall be credited to the Public Accounts of the Government.
47. Rules 33 to 36 to apply to officers referred to in rule 45.--In regard to the provision of facilities to the officers referred to in rule 45, payment of travelling allowance and other allowances payable to them, enforcement of their recommendations and maintenance of registers, etc., the provisions of rules 33 to 36 shall mutatis mutandis apply.
48. Government to issue directions in regard to inspection of irrigation source, tanks, etc., belonging to religious institution.--(1) The Government may direct that any irrigation source, tank, well or canal, belonging to a religious institution shall be inspected by an Engineer in Government service not below the rank of an Executive Engineer of the Public Works Department and after considering any report called for from such officer, direct the trustee or the Board of Trustees concerned through the Commissioner to carry out such steps, as they may deem fit, for the improvement of the irrigation source, tank, well or canal and the trustee or the Board of Trustees, shall be bound to carry them out.
(2) The officer deputed under sub-rule (1) shall be eligible to draw travelling and daily allowance according to the Tamil Nadu Travelling Allowance Rules and also an inspection fee at the rate fixed for inspection by Government officers of the Public Works Department in different grades. The fees and allowances shall be paid by the trustee or the Board of Trustees of the institution concerned and credited to the Public Accounts of the Government.
(3) The trustee or the Board of Trustees shall afford all facilities to the officer deputed by Government under sub-rule (1) in the matter of inspection of the irrigation source, etc.
49. Maintenance of temple cars, palanquins, etc.--The trustee or the Board of Trustees shall maintain the paraphernalia such as car, vahanams, palanquins, chapparams, in good condition. Proposals regarding their making, repairs, alteration or replacement should be made to the appropriate authority wherever necessary for sanction at the time of submission of budget after obtaining the advice of an expert stapathi from out of the panel approved by the Government.
50. Register of idols.--The trustee or the Board of Trustees of every religious institution shall maintain a register of the idols of the temple in such form as the Commissioner may prescribe.
51. Sale, gift or exchange of idols.--No trustee or the Board of Trustees shall gift, sell or exchange any idol or image in a temple without the express previous permission of the Government.
52. Alterations to or melting of idols.--No trustee or the Board of Trustees shall alter the character of or repair, remove, melt or replace any metallic or other idol or image in the temple, whether fixed or otherwise, without the express permission of the Government in writing.
53. Formation of Thiruppani Committees.--In the case of temples requiring renovation or "Thiruppani" works and in need of donations from the public, Thiruppani Committee shall be formed for each such temple for the purpose.
54. Thiruppani Committee Members and Secretary.--3(1) The Thiruppani Committee shall consist of the trustees of the temple as ex officio members and such other members who may be co-opted by the trustees. The formation of the Committee and the names of its members shall be reported --
(a) in respect of religious institutions not published under section 46 of the Act, to the Assistant Commissioner having jurisdiction;
(b) in respect of religious institutions published under section 46(i) and section 46(h) of the Act, to the Joint Commissioner having jurisdiction;
(c) in respect of the religious institutions published under section 46(iii) of the Act, where the income of the institution does not exceed Rs. 50,00,000 to the Commissioner;
(d) in respect of religious institutions published under section 46(iii) of the Act, where the income of the institution exceeds Rs. 50,00,000 to the Government, for approval.
(2) The members shall elect one among themselves as President of the Committee.
(3) The Executive Officer of the temple, or in his absence, the trustee of the temple, if there is only one trustee or the Chairman, Board of Trustees, as the case may be, shall be the Secretary and Treasurer and Member of the Committee. In special cases, any other member of the Committee may be elected by the Committee as Treasurer, subject to the approval of the appropriate authority. The Treasurer, shall attend to the correspondence and maintenance of accounts relating to the collection of donations, etc., and expenditure incurred out of them.
3(4) The Government in respect of religious institutions published under section 46(iii) of the Act, where the income of the institution exceeds Rs. 50,00,000 and the Commissioner in all other cases, may suspend or remove from office any members of the Thiruppani Committee including a member of the Tiruppani Committee for sufficient cause after giving him an opportunity of showing cause against such removal and after considering his explanation.
55. Meetings of Thiruppani Committee.--The meetings of the committee shall be convened by the Secretary as often as necessary and at least once a month and all matters pertaining to the Thiruppani work including the accounts of collections and expenditure shall be placed at the meeting.
56. Collections by Thiruppani Committee.--3Collections shall be made by the issue of printed duplicate receipts with separate serial numbers specially printed for the purpose. The Treasurer shall sign and issue the original receipts and retain the duplicate with him. In addition, the Thiruppani Committee with due sanction from the appropriate authority print Thiruppani donation tickets in the name of the temple denomination-wise and use them for collections after getting the seal duly affixed by the appropriate authority of the department. The Treasurer shall be responsible for the credit of all collections through issue of such tickets. Such tickets should not be handed over for collection to the persons not connected with the administration of the temple or Thiruppani Committee. The collections realised shall be deposited then and there in an approved bank in a separate account opened for the purpose in the name of the concerned temple as "Temple Thiruppani Fund". As and when moneys are required to be withdrawn, the President and the Treasurer of the Committee will jointly draw from it by issuing cheques. The cheque book and pass book shall be in the, custody of the Treasurer.
57. Submission of estimates by Thiruppani Committee.--The Thiruppani Committee shall submit duly prepared plans and estimates for the works proposed to be undertaken and obtain the previous approval of the appropriate authority before commencing the works.
58. Payment to contractors by Thiruppani Committee.--3The payments to contractors or workmen shall be made only after check-measurements and on bills countersigned by the President of the Thiruppani Committee. In cases of resignation or removal or dismissal of the President of the Thiruppani Committee, the Assistant Commissioner, Deputy Commissioner, Joint Commissioner or the Commissioner, as the case may be, shall authorise the Executive Officer to pay the legitimate dues.
59. Audit of accounts maintained by Thiruppani Committee.--The accounts maintained for the collections made and expenditure incurred by the Thiruppani Committee shall be subject to audit by the auditors appointed under sub-section (2) of section 87 of the Act and report of such audit shall be binding on the Thiruppani Committee and the provision of section 90 of the Act shall apply in this case.
60. Direction of appropriate authority by Thiruppani Committee.--The Thiruppani Committee shall carry out such directions as may be issued and abide by such conditions as may be imposed by the appropriate authority in this behalf in the due discharge of their duties and other matters connected with the "Thiruppani Works".
61. Painting of building works.--The trustee of every religious institution shall carry out painting of building works and the paraphernalia by an expert painter chosen from the list of painters approved by the Government after obtaining sanction from the appropriate authority.
62. Maintenance of temple car.--7The temple cars meant for use in festival shall be kept in good repairs, sufficient care being taken to maintain the strength of timber of the axle beam and to reinforce it, wherever necessary.
63. Duties of the trustees of temple in the matter of celebrating car or theppam festival.--7The trustee of every temple, which celebrates car or theppam festival shall apply at least 8[six weeks for the purpose of clause (a) and one month for the purposes of clause (b), (c), and (d)] in advance of the commencement of festival--
(a) to the Sub-Divisional Officer of the Public Works Department having jurisdiction over the area to examine the car or the raft regarding its structural stability and safety and to issue a certificate of fitness. The Theppam should be inspected for a second time on the previous day of the festival by the Public Works Department authorities jointly with the police, who would also by actual trial, test the number of persons the Theppam could carry;
(b) to the executive authority of the Municipal council or Panchayat Board or the Panchayat Union to provide an even surface for the roads or streets through which the car is to be dragged;
(c) to the local officer of the Electricity Department to take necessary precautions to avoid the top portion of the car coming into contact with live wires, to cut off the supply at the time of dragging the car, if necessary, and to see that no overhead power lines or underwater cables obstruct the free passage of the Theppam;
(d) to the Inspector of Police of the circle concerned to take necessary precautionary measures and provide adequate bandobust.
63-A63-A. 8The certificate of fitness referred to in clause (a) of rule 63 shall be issued by the Sub-Divisional Officer of the Public Works Department, at least two weeks prior to the date of commencement of the festival, so that the trustee or the temple authorities may have time to rectify the defects, if any, pointed out, before another final inspection to be made on a day previous to the festival.
64. Application.--The application under rule 63 shall contain,--
(a) the date or the dates on which the Car or Theppam is to be dragged;
(b) the route through which the car is to be dragged;
(c) the name and location of the tank where the Theppam festival is to be celebrated.
65. Arrangements for the movement of temple cars.--9(1) The trustee shall make arrangements for the very slow movement of the car when it is being dragged and to keep down the speed at curves or at undulating and slipping grounds a cordon at least 3 to 4 feet should be thrown around the car.
(2) The Car shall be made to move as far as possible in the centre of the street.
(3) Experienced persons shall be engaged for application of brake wedges.
66. Conduct of theppam festival.--9In the case of Theppams, the temple authorities shall make necessary arrangements for towing the raft slowly, carefully manoeuvring it at the turning and approaches to the bank, for entrusting towing operations to experienced persons and for ensuring that the raft is not loaded beyond the limit leading to any stampede, disallowing entry of unauthorised persons into the raft and for putting up requisite number of cork logs. It should also be ensured that in the proposed path of raft 8[projection like butting rocks,] submerged articles which cannot be removed are prominently marked by lighted boys so that the Theppams could be towed clear off obstructions.
