UTTAR PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS (PREVENTION OF DISSIPATION OF PROPERTIES) (TEMPORARY POWERS) ACT, 1962

Preamble - UTTAR PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS (PREVENTION OF DISSIPATION OF PROPERTIES) (TEMPORARY POWERS) ACT, 1962

THE UTTAR PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS (PREVENTION OF DISSIPATION OF PROPERTIES) (TEMPORARY POWERS) ACT, 1962[1]

[Act No. 22 of 1962]

[15th December, 1962]

PREAMBLE

Amended by

U.P. Act no. 8, 1965.

U.P. Act no. 28, 1966.

U.P. Act no. 13, 1970.

U.P. Act no. 11, 1971.

U.P. Act no. 17, 1973.

U.P. Act no. 11, 1975.

[Passed in Hindi by the Uttar Pradesh Legislative Council on April 6, 1962, by the Uttar Pradesh Legislative Assembly with amendments on August 9, 1962, again by the Legislative Council with amendments made by the Legislative Assembly together with other amendments made by the Legislative Council on August 29, 1962 and finally passed by the Legislative Assembly with amendments made by the Legislative Council on September 20, 1962.

An Act to provide for temporary powers with the object of preventing dissipation and regulating transfer of the properties of Hindu Public religious institutions in Uttar Pradesh.

Whereas it is expedient to provide for temporary powers to prevent dissipation and of regulating transfer of the properties of Hindu public religious institutions in Uttar Pradesh:

It is hereby enacted in the Thirteenth Year of the Republic of India as follows:

 

Chapter I - PRELIMINARY 

 

Section 1 - Short title, extent and duration

(1)     This Act may be called the Uttar Pradesh Hindu Public Religious Institutions (Prevention of Dissipation of Properties) (Temporary Powers) Act, 1962.

 

(2)     It extends to the whole of Uttar Pradesh.

 

(3)     It shall cease to have effect on the expiry of [fourteen years][2] from the date of its coming into force except as respects things on which action has been started before the expiration thereof, and section 6 of the United Provinces General Clauses Act, 1904 (U.P. Act 1 of 1904), shall apply upon the expiry of this Act as if it has been repealed by an Uttar Pradesh Act.

Section 2 - Application of the Act

Subject to the provisions hereinafter contained, this Act applies to all Hindu public religious institutions having a gross annual income of Rs. 1,200 and above or the total value of whose property is Rs. 50,000 or more:

Provided that the State Government may, on being satisfied in respect of any Hindu public religious institution having a gross annual income below Rs. 1,200 or the total value of whose property is less than Rs. 50,000 that its properties are being dissipated, by notification in the official Gazette declare that the provisions of this Act shall mutatis mutandis apply to that institution and thereupon those provisions shall apply to that institution in the same manner as they apply to the institutions having income of Rs. 1,200 and above or to such institutions the total value of whose property is Rs. 60,000 or more.

 

Section 3 - Definitions

In this Act unless there is anything repugnant in the subject or context:

(a)      "dissipation" means any expenditure which is not in accordance with the aims, traditions or income of the Hindu public religious institution concerned;

 

(b)      "Commissioner", "Assistant Commissioner" and "Investigation Officer" respectively mean a Commissioner, and Assistant Commissioner and an Investigation Officer appointed under section 4;

 

(c)      "prescribed" means prescribed by rules made under this Act;

 

(d)      "trustee" means any person or body by whatever designation known, in whom or in which the administration of a religious institution is vested, and includes any person or body who or which is liable as if such person or body were trustee;

 

(e)      "Math" means a math as understood under Hindu law;

Explanation.--Where the headquarters of a math are outside Uttar Pradesh but the math has properties situated within Uttar Pradesh, provisions of this Act shall apply so as to affect only the properties of the math situated in Uttar Pradesh.

(f)       "temple" means a place, by whatever designation known, used as a place of public religious worship, and dedicated to, or for the benefit of, or used as of right by, the Hindu community or any section there of as a place of public religious worship;

 

(g)      "State Government" means the Government of Uttar Pradesh; and

 

(h)     "Hindu" means persons who are Hindus by religion in any of its forms or developments, including Virashaivas, Lingayats and followers of the Brahma, Prarthana or Arya Samaj and includes the Buddhists, Jains and Sikhs;

 

(i)       ?"Hindu public religious institution" means a math or temple established or to be established in future with a religious object for a public purpose and includes all property movable or immovable belonging to, or given or endowed for the maintenance or improvement of, or additions to, or worship in, a math or temple, or for the performance of any service or charity connected therewith and also includes the idols installed in the math or temple, clothes, ornaments, and things for decoration, etc., but does not include such private religious maths or temples in which the public are not interested.

 

Chapter II - ADMINISTRATIVE MACHINERY 

 

Section 4 - Appointment of Commissioner, Assistant Commissioners and Investigation Officers

(1)     The State Government may, for the purpose of this Act, appoint?

 

(a)      [Commissioners][3],

 

(b)      Assistant Commissioners, and

 

(c)      Investigation Officers,and specify the areas within which they shall exercise jurisdiction under this Act.

 

(2)     The State Government may delegate to a [Commissioner][4] the power to appoint Investigation Officers.

 

(3)     A Commissioner may delegate all or any of his powers under section 8 to any Assistant Commissioner.

 

(4)     [A Commissioner],[5] Assistant Commissioner and Investigation Officer shall be deemed and be a public servant within the meaning of section 21 of the Indian Penal Code (Act XLV of 1860).

 

(5)     [A Commissioner, an Assistant Commissioner and an Investigation Officer][6] shall for the purposes of this Act have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:

 

(a)      enforcing the attendance of any person and examining him on oath or affirmation and making local inspections;

 

(b)      compelling the production of documents;

 

(c)      issuing commissions for the examination of the witnesses and accounts and local investigation.

 

Section 5 - Only Hindus to be Commissioners, etc

[A Commissioner, an Assistant Commissioner and an Investigation Officer shall be appointed out of persons professing the Hindu religion.][7]

 

Chapter III - PREVENTION OF DISSIPATION OF PROPERTIES 

 

Section 6 - Survey of religious institutions

(1)     The State Government or the Commissioner may, where it or he apprehends within its or his jurisdiction that the property of any Hindu public religious institution appearing to it or him to have a gross annual income of Rs. 1,200 or above or property having total value of Rs. 50,000 or above, is likely to be dissipated, direct the Investigation Officer to make a survey as provided herein of such Hindu public religious institution.

 

(2)     The Investigation Officer shall, as soon as may be, after having completed the survey, prepare and submit to [a Commissioner][8] a statement showing:

 

(a)      the names of the present trustees and the manager and the particulars regarding succession or appointment to the offices of the trustee and the manager;

 

(b)      the details of the immovable property and movable property including cash, stocks, jewels, gold, silver and precious stones, etc. of or under the dominion of the institution with their estimated value;

 

(c)      the gross annual income of the institution ascertained in accordance with the instructions of the State Government in this behalf;

 

(d)      any other particulars as may be prescribed.

 

(3)     The ascertainment of gross annual income under clause (c) of sub-section (2) shall be made after giving reasonable opportunity of hearing to the trustees and managers of the institution, but, subject to the provisions of sub-section (4), any finding arrived at by the Investigation Officer shall be final for the purposes of this Act.

 

(4)     Any person aggrieved with the findings of the Investigation Officer under sub-section (3) may, within the period prescribed, appeal to the Commissioner.

 

(5)     Where from the statement prepared by the Investigation Officer or the decision of the Commissioner, it is found that the gross annual income of the institution is below Rs. 1,200 or the total value of its property is less than Rs. 50,000 but the State Government is satisfied that the property of the institution is being dissipated, it may, by notification in the Gazette, declare that the provisions of this Act shall apply to that institution and thereupon those provisions shall apply to it in the same manner as to any Hindu public religious institution, referred to in section 2.

 

Section 7 - Previous approval necessary for transfer of property

(1)     Notwithstanding anything in any other law for the time being in force, no transfer of property belonging to a Hindu public religious institution shall be valid unless prior written sanction of the Commissioner or, where the value of the property sought to be transferred does not exceed rupees two hundred and fifty of the Assistant Commissioner, having jurisdiction over the institution, on the ground of the transfer being necessary or beneficial to the institution, has been obtained.

Explanation.--For the purposes of this section transfer does not include the customary use or distribution of any movables as Bhog, Prasad and the like.

(2)     Any person aggrieved by an order of a Commissioner or an Assistant Commissioner may, within thirty days from the date thereof, appeal against that order to the District Judge within whose jurisdiction the headquarter of the Hindu public religious institution or the property concerned lies and the order passed by the District Judge in the appeal shall be final.][9]

 

Section 8 - General powers of the Commissioner

A Commissioner shall in respect of any Hindu public religious institution within the area of his jurisdiction and in respect of which proceedings under section 6 have been directed have the following powers:

(a)      subject to any customary restrictions of the institutions in regard to the time, place and mode of entry, to enter the premises of any institution or any place of worship connected therewith;

 

(b)      to inspect all property belonging to, and all records and documents relating to, the institution;

 

(c)      to call for any reports, statements, accounts or other information relating to the funds, property or income of the institution at such time and in such form as he may direct;

 

(d)      to direct the deposit of surplus funds in the hands of trustees or manager in any recognised bank or security; if within the specified period, the said direction is not complied with, to appoint a receiver to comply with the direction;

 

(e)      to take measures for the protection of property of or under the dominion of the institution including arrangement for the safe custody of jewels and other valuables thereof but not so as to deprive the trustees of the right of administration; and

 

(f)       to take measures for the recovery of any property lost to the institution:

Provided that before passing a final order under clause (d), (e) or (f), the Commissioner shall allow the person concerned a reasonable opportunity of being heard.

 

Section 9 - Penalty for refusal by trustees, etc. to comply with the provisions of the Act

If any trustee, manager, officer, servant, agent or other person having concern with the administration of the Hindu public religious institution--

(a)      refuses, neglects or fails to comply with the provisions of this Act or the orders and directions issued thereunder or obstructs any proceedings taken under the Act; or

 

(b)      refuses, neglects or fails to furnish any reports, statements, accounts or other information called for under this Act;

such trustee, manager, officer, servant, agent or other person shall be liable to prosecution and on conviction shall be punished with simple imprisonment up to one month or fine which may extend to Rs. 500 or both.

 

Section 10 - Public officers to furnish copies of or extracts from documents free of charge

All public officers having custody of any record, register, report or other document relating to a Hindu public religious institution or any movable or immovable property thereof shall furnish free of charge such copies of or extracts from the same as may be required by a Commissioner or Assistant Commissioner or an Investigation Officer.

Section 11 - Protection of action taken under this Act

(1)     No officer or servant of the State Government shall be liable in any civil or criminal proceedings in respect of any act done or purporting to be done under this Act or under any rules made thereunder, if the act was done in good faith and in the course of execution of the duties or the discharge of functions, imposed by or under this Act.

 

(2)     No suit or other legal proceedings shall lie against the State Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provisions of this Act or by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

 

Section 12 - Appeal to law court against orders, etc

Save as otherwise provided in this Act, an appeal against a notification issued, or order passed, decision made, proceeding taken, or other thing done under the provisions of this Act by a Commissioner, or an Assistant Commissioner or an Investigation Officer, shall lie to the District Judge within thirty days from the date of such notification, order, decision, proceeding or other thing.

 

Section 13 - Power to give direction

The State Government may, from time to time, give such general or particular directions in writing to a Commissioner on matters of policy which it considers proper under this Act and the Commissioner shall follow them in the discharge of his duties.

 

Section 14 - Saving

Nothing contained in this Act shall apply to any Hindu public religious institution to which the United Provinces Shri Badri Nath Temple Act, 1939 (U.P. Act XVI of 1939)[10] is applicable.

 

Section 15 - Rules

(1)     The State Government may make rules for the purpose of carrying into effect the provisions of this Act.

 

(2)     Without prejudice to the generality of the foregoing powers such rules may provide for--

(i)??? ?the matters relating to the conduct of survey under section 6;

(ii)?? ?the procedure to be followed for seeking sanction for the proposed transfer of property under section 7.][11]

(iii) ??the procedure according to which the powers specified in section 8, shall be exercised by the Commissioner;

(iv)? ?the form of the statements, returns, registers and other forms, required to be maintained by or under this Act and the manner in which they shall be maintained;

(v) ???the inspection of documents and the fees to be levied for their inspection;

(vi)? ?the fees to be levied for the issue of certificates, processes and notices;

(vii) ?the grant of certified copies and fees to be levied therefor;

(viii) the budget, returns, accounts or other information to be submitted by the trustees or other persons concerned with the administration of a Hindu Public Religious Institution;

(ix)? ?the procedure for appeal to the Commissioner.

 

Section 16 - Rules to be laid before Houses of Legislature

All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature while it is in session, for a total period of fourteen days extending in its one session or more than one successive sessions and shall, unless some later date is appointed, take effect from the date of their publication in the official Gazette, subject to such modifications or annulments as the two Houses of the Legislature may agree to make; so however that any such modification or annulments shall be without prejudice to the validity of anything previously done thereunder.