TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (AMENDMENT) ACT, 2006

TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (AMENDMENT) ACT, 2006

Preamble - THE TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (AMENDMENT) ACT, 2006

THE TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (AMENDMENT) ACT, 2006[1]

[Act No. 15 of 2006]

Statement of Objects and Reasons[2]

Section 7-A of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959), provides foe constituting District Committees for every Revenue District for preparing a panel of names of persons for appointment as non-hereditary trustees in the religious institutions. This Section was introduced by the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1996 (Tamil Nadu Act 39 of 1996). On the basis of experience gained in the past, it has been found that the District Committee system has not worked satisfactorily. The Government have examined the matter carefully and they consider that the District Committees failed to fulfil the purpose for which they have been constituted. The Government have, therefore, decided that District Committees should be abolished and the powers now exercised by the District Committees should be conferred on the Government, Commissioner, Joint Commissioner, Assistant Commissioner, as the case may be. Accordingly, it is proposed to omit Section 7-A and to make consequential amendments to relevant Sections of the said Act.

2. Section 26(1)(b) of the said Act stipulates an upper age limit of 70 years for a person to become eligible for appointment as trustee in a religious institution. Since age is considered an indicator of piousness, philanthropic attitude and sense of dedication, it has been decided to delete the upper age limit for appointment of trustees provided under Section 26 of the said Act.

3. Section 47 of the Act provides for appointment of one person belonging to Scheduled Caste or Scheduled Tribe in the Board of Trustees of every religious institution. In the context of women taking keen interest in the religious activities, their participation in the administration of the temples is considered crucial for the development of the religious institutions. Accordingly, suitable provision has been proposed to be introduced in Section 47 of the said Act, ensuring one woman in the Board of Trustees of religious institutions.

In the above context, it has become necessary to give opportunities to senior citizens and women, and other aspirants who have the necessary aptitude, dedication and competence and to strengthen and to provide impetus to the administration of the religious institutions. The Government have carefully considered the matter and have decided to reduce the term of office of the non-hereditary trustees from three years to one year. Section 47(3) of the said Act is sought to be amended in order to achieve this objective.

4. Archakas of the Temples are to be appointed without any discrimination of caste and creed. Custom or usage cannot be a hindrance to this. It is considered that the position is clarified in the Act itself and accordingly, it has been decided to amend Section 55 of the said Act suitably.

5. Accordingly, the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Ordinance, 2006 (Tamil Nadu Ordinance 5 of 2006) was promulgated by the Governor on the 14th July 2006 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 16th July 2006.

6. The Bill seeks to replace the said Ordinance.

PREAMBLE

An Act further to amend the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-seventh Year of the Republic of India as follows:--

Section 1 - Short title and commencement

(1)     This Act may be called the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 2006.

(2)     It shall be deemed to have come into force on the 16th day of July 2006.

Section 2 - Amendment of Section 6

In the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959) (hereinafter referred to as the principal Act), in Section 6, clause (8-A) shall be omitted.

Section 3 - Omission of Section 7-A

Section 7-A of the principal Act shall be omitted.

Section 4 - Amendment of Section 26

In Section 26 of the principal Act, in sub-section (1), in clause (b), the expression "and more than seventy" shall be omitted.

Section 5 - Amendment of Section 47

In Section 47 of the principal Act,--

(1)     in sub-section (1),--

(a)      in the first proviso to clause (a), the expression "from among the panel of names of persons sent by the District Committee concerned under sub-section (4) of Section 7-A " shall be omitted;

(b)      in clause (c), the expression "and another one shall be a woman " shall be added at the end.

(2)     in sub-section (3), for the expression "three years ", the expression "one year" shall be substituted.

(3)     to sub-section (3), the following proviso shall be added, namely:--

"Provided that every trustee who has completed a term of office of one year on the 16th day of July 2006 shall cease to hold office forthwith and every trustee who completes a term of office of one year after such date shall cease to hold office on such completion.".

Section 6 - Amendment of Section 49

In Section 49 of the principal Act, in sub-section (1), in the First Proviso, for the expression from among the panel of names of persons sent by the District Committee concerned under sub-section (4) of Section 7-A", the following expression shall be substituted, namely:--

"of whom one shall be a member of the Scheduled Castes or Scheduled Tribes and another one shall be a woman.".

Section 7 - Amendment of Section 51

In Section 51 of the principal Act, Clause (a) shall be omitted.

Section 8 - Amendment of Section 92

In Section 92 of the principal Act, in sub-section (4), Clause (iv) shall be omitted.

Section 9 - Amendment of Section 116

In Section 116 of the principal Act, in sub-section (2), in clause (xxi), sub-clause (b) shall be omitted.

Section 10 - Abolition of District Committees

On and from the 16th day of July 2006, the District Committees constituted under Section 7-A of the principal Act shall stand abolished and any member of such committees shall, with effect from the said date, cease to hold office as such member.

Section 11 - Repeal and saving

(1)     The Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Ordinance, 2006 is hereby repealed.

(2)     Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.