Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987

 
FREE EXCERPT

[Act No. 30 of 1987]

[21st April, 1987]

Preamble

An Act to consolidate and amend the law relating to the administration and governance of Charitable and Hindu Religious Institutions and Endowments in the State of Andhra Pradesh.

Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Thirty-eighth Year of the Republic of India as follows:-

Section 1 - Short title, extent, application and commencement

(1) This Act may be called the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 19871.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It applies to,-

(a) all public charitable institutions and endowments, whether registered or not, in accordance with the provisions of this Act, other than Wakfs governed by the provisions of the Wakfs Act, 1954.

Explanation:-- In this clause, the expression "public charitable institutions and endowments" shall include every charitable institution or endowment the administration of which is for the time being vested in any department of Government, or Civil Court, Zilla Praja Parishad, Municipality or local authority, or any company, society, organisation, institution or other person;

(b) all Hindu public religious institutions and endowments whether registered or not in accordance with the provisions of this Act.

2[(4) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

Footnotes:

1. Reserved by the Governor on the 21st April, 1987 for the consideration and assent of the President; received the assent of the President on the 15-5-1987 and Pub. in the A. P. Gaz., Part IV-B, (Ext.), dt. 23-5-1987.

2. Came into force from 28-5-1987, vide G.O.Ms.No. 504, Rev. (End-VI), dt. 25-5-1987.

Section 2 - Definitions

In this Act, unless the context otherwise requires,

(1) 'archaka ' includes a Pujari, Panda, an Archakatvam Mirasidar or other person, who personally performs or conducts any archana, puja or other ritual:

1[(1A) '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) 'Assistant Commissioner' means the Assistant Commissioner appointed under sub-section (1) of Section 3 and includes every officer who for the time being exercises the powers and performs the functions of an Assistant Commissioner under this Act or the rules made thereunder in respect of any charitable or religious institutions or endowments, as specified in sub-section (5) of Section 3;

2[(2-a) 'Board' means the Tirumala-Tirupathi Devasthanams Board constituted by the Government under Section 96;

(2-b) 'Chairman' means the Chairman of the Board or the Committee of Management of Tirumala-Tirupathi Devasthanams appointed under Section 96;]

(3) 'charitable endowment' means all property given or endowed for any charitable purpose;

Explanation I:- Any property which belonged to or was given or endowed for the support or maintenance of a charitable institution or which was given, endowed or used as of a right for any charitable purpose shall be deemed to be a charitable endowment within the meaning of this definition, notwithstanding that before or after the commencement of this Act, the charitable institution has ceased to exist or ceased to be used for any charitable purpose or the charity has ceased to be performed.

Explanation II:- Any Inam granted to a service holder or to an employee of a Charitable Institution for the performance of any charity or service in connection with a charitable institution shall not be deemed to be a personal gift to the service holder or to the employees notwithstanding the grant of ryotwari patta to such service holder or employee under the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, but shall be deemed to be a charitable endowment;

(4) 'charitable institution ' means any establishment, undertaking, organisation or association formed for a charitable purpose and includes a specific endowment and dharmadayam;

(5) 'charitable purpose' includes-

(a) relief of poverty or distress;

(b) education;

(c) medical relief;

(d) advancement of any other object of utility or welfare to the general public or a section thereof not being an object of an exclusively religious nature;

(6) 'Commissioner' means the Commissioner and the Additional Commissioner appointed under sub-section (1) of Section 3 and includes every officer who for the time being exercises the powers and performs the functions of a Commissioner under this Act or the rules made thereunder in respect of any charitable or religious institution or endowment as specified in sub-section (5) of Section 3;

(7) 'Common Good Fund' means the Andhra Pradesh Hindu Charitable and Religious Institution and Endowments Common Good Fund, or the Andhra Pradesh Charitable Institutions and Endowments Common Good Fund, as the case may be, created under sub-section (1) Section 70;

3[(7-a) 'Committee' means the Tirumala-Tirupathi Devasthanams Management Committee appointed by the Government under Section 97-A for the administration of the Tirumala-Tirupathi Devastnams];

(8) 'Court' means, -

(i) in relation to a charitable or religious institution or endowment situated within the limits of the Municipal Corporation of Hyderabad, the City Civil Court, Hyderabad;

(ii) in relation to a charitable or religious institution or endowment situated elsewhere in the State, the Sub-ordinate Judge's Court having jurisdiction over the area in which the said institution or endowment is situate or, if there is no such Court, the District Court having jurisdiction over such area;

(iii) in relation to a specific endowment attached to a charitable or religious institution, the Court which would have jurisdiction as aforesaid in relation to such charitable or religious institution;

(iv) in relation to a specific endowment attached to two or more such institutions, any Court which would have jurisdiction as aforesaid in relation to either all or any of such institutions;

(9) 'Deputy Commissioner' means the Deputy Commissioner appointed under sub-section (1) of Section 3 and includes every officer who for the time being exercises the powers and performs the functions of a Deputy Commissioner under this Act or the rules made thereunder in respect of any charitable or religious institution or endowment as specified in sub-section (5) of Section 3;

(10) 'Dharmadayam ' means any amount charged or collected under whatever name, according to custom or usage of any business or trade or the agreement between the parties relating to any transaction or otherwise from any party to the said transactions, as being intended to be used for a charitable or a religious purpose;

1[(10A) 'Dharmika Parishad' means the Andhra Pradesh Dharmika Parishad constituted under Section 152.]

(11) 'Dittam' means the schedule of articles and other requirements of worship or offering in connection with the daily dhupa, naivedyam, pachikam, paricharikam and other general, special or periodical services, ceremonies or observances in the institution, endowment, math or specific endowment, as the case may be;

(12) 'Endowment Administration Fund' means the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Administration Fund established under sub-section (1) of Section 69;

1[(12A) 'Endowments Tribunal' means a tribunal constituted under Section 162.]

(13) 'Executive Officer' means an Officer appointed as such under any of the provisions of this Act;

(14) 'Government' means the State Government;

(15) 'Hereditary Office-holder' means any office-holder including Pedda Jeeyangar, China Jeeyangar, a Mirasidar and an Archaka of a charitable or religious institution or endowment the succession to whose office devolves according to the rule of succession laid down by the founder or according to the usage or custom applicable to the institution or endowment or according to the law of succession for the time being in force, as the case may be;

(16) 'Hereditary trustee' means the trustee of a charitable or religious institution or endowment the succession to whose office devolves according to the rule of succession laid down by the founder or according to usage or custom applicable to the institution or endowment or according to the law of succession for the time being in force, as the case may be;

(17) 'Math' means a Hindu Religious Institution presided over by a person, whose principal duty is to engage himself in the teaching and propagation of Hindu religion and philosophy or the teachings and philosophy of the denomination, sect or sampradaya to which the math belongs and in imparting religious instruction and training and rendering spiritual service or who exercises or claims to exercise spiritual headship over a body of disciples; and includes any place or places of religious worship, instruction or training which are appurtenant to the institution;

4[(17A) 'Member' means the member of the Board or Committee;

(18) 'Person having interest' includes -

(a) in the case of a math, a disciple of the math or a person of the religious persuasion to which the math belongs;

(b) in the case of a charitable institution or endowment or a religious institution other than a math or a religious endowment a person who is entitled to attend at or is in the habit of attending the performance of service, charity or worship connected with the institution or endowment or who is entitled to partake or is in the habit of partaking in the benefit of any charity or the distribution of gifts thereat;

(c) in the case of a specific endowment a person who is entitled to attend at or is in the habit of attending the performance of the service or charity or who is entitled to partake or is in the habit of partaking in the benefit of the charity:

(19)...

To continue reading

REQUEST YOUR TRIAL