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Registered No.

HSE/49

THE ANDHRA PRADESH GAZETTE


PART IV-B-EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 38] HYDERABAD, SATURDAY, MAY 23, 1987
ANDHRA PRADESH ACTS, ORDINANCES
AND REGULATIONS, ETC.

The following Act of the Andhra Pradesh Legi-


break slature Assembly which was reserved by the
Governor on the 21st April, 1987 for the considera -
tion and assent of the President received the assent
of the President on the 15 th May, 1987 and the
said assent is hereby first published on the 23rd May,
1987, in the Andhra Pradesh Gazette for general
information:-
ACT No. 30 OF 1987
An Act to consolidate and amend the law relating
to the administration and governance of Chari -
table and Hindu Religious Institutions and En -
dowments 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 folio W S>
T

CHAPTER-I
Preliminary
1. (1) This Act may be called the Andhra hort title,
Pradesh Charitable and Hindu Religious Institu- %*£> a^
i and Endowments Act, 1987. com m ence-
m ent ,
2 A NDHRA PRADESH GAZETTE EXT RAORDINARY [PART IV-B

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


Pradesh.
(3) It applies to—
(a) all public charitable institutions and endow
ments, whether registered or not, in accordance wit h
Central Act the provisions of this Act, other than Wakfs
29 of 1954. governed by the provis ions of the Wakf Act, 1954.

Exp la na t io n:—I n t his c la use, t he e xpress io n


"public charitable institutions and endowments" shall
include every charitable institution or endowment the
adminis trat io n of whic h is for the time be ing vested
in a ny depa rt me nt o f Go vernme nt, or C ivil Cour t,
Zilla Praja Par is had, Municipa lity or other loca l
authorit y, or any co mpany, society, orga nisation,
institution or other person;
(b) all Hindu public religious institutions
and endowments whether registered or not in accordance
with the provisions of this Act.
(4) It shall co me into force on such date as the
State Government may, by notification in the Andhra
Pradesh Gazette, appoint-
Definitions. 2. In this Aet, unless the context otherwise
requires—
(1) 'archaka5 includes a Pujari Panda, an
Arehaka.tvam Mirasidar or other person, who personally
performs or conducts any axchana, puja or other ritual,
(2) 'Assistant Commissioner' meaas the Assistant
Commissioner appointed under sub-section (1) of
section 3 and inc ludes every officer who for the time
being exercises the powers and performs the functions
of an Assistant Commissio ner 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;
May 23, 1987 ] A NDHRA PRADESH GAZETTE EXT RAORDINARY

( 3 ' )c h a r i t a b l e e n d o w m e n t ' m e a n s a l l p r o p e r t y
g i v e n o r e n d o w e d f o r a n y c h a r i t a b l e p u r p o s e ;
Ex p l - aI —: n A a nt i y o n p r o p e r t y w h i c h b e l o n eg d t o
o r w a s g i v e n o r e n d o w e d f o r t h e s u p p o r t o r m a i
o f ar i t c a h b a l e i n s t i t u t i o n o r w h i c h w a s g i v e n , e n d o w
o r u s e d a s o f r i g h t f o r a n y c h a r i t a b l e p u r p o s e
d e e m e d t o b e a c h a r i t a b l e e n d o w m e n t w i
m e a n i n g o f t h i s d e f i n i t i o n , o t n w i t h s t a d i n g t h a
o r a f t e r t h e c o m m eb ln e c e m e n t o f t h i s A c t , t h e c
i n s t i t u t i o n h a s c e a s e d t o e x i s t o r c e a s e d t o b e
a n y c h a r i t a b l e p u r p o s e o r t h e c h a r i t y h a s c e a s
p e r f o r m e d .
E x p l - 4a —1n A :a tni yo n i n a m g h r o a l n d t e e r d o t r o t oa s e r v i c e
a n e m p l o y e e o f t ha e C p h e a r fr io t r a m b la e n c i en s ot ift u t i o n f o r
a n y r i tc y h a o r s e r v w i c i et h i na c c o h n a n r e i t c a t ib o l ne i n s t i t u t i o n
s h a l l n o t ba e p ed r e s e o m n a e l d g it f o t bt o e t h e s e r v i c e h o l d e r r o
t o t h e ne mo t pw l io t y h e s e t as n d i n g t h e g r a n t o t r y a t w a t i a p
s u sc e h r v i c e h o l d e r o r e m p l o y e e u n d e r t h e A n
( A n dA h r r e a a ) I n a m s ( A R b o y l o i t t i w o na r a i ) n d C o n v e r s i o n i n t o
A c t , 1 9 5 6 , b u t& smf $oh ci $a h l la r i b t ae b l d e e e m e d t o b e
e n d o w m e n t ;
( 4 ' )c h a r i t a b f c i n s t i t u t i o n * m e a n s a n y e s t a b l i s h
m e n t , u n d e r t a k i n g , o r g a n i s a t i o n o r a s s o c i a t i o n
f o r a c h a r i tn a c b l l u e d pe us r a p os ps ee c a i nf i d c i e n d o w
m e n t a n d d h a r m a d a y a m ;
( 5 ' )c h a r i t a 1 b i nl e c — l p u u d r e p s o s e
( a r)e l i e f o f p o v e r t y o r d i s t r e s s ;
( b e) d u c a t i o n ;
( c m) e d i c a l r e l i e f ;
( d )a d v a n c e m e n t o f a n y o t h e r o b j e c t o f
u t i l i t y o r w e l f a r e t o t h e g e n e r a l p u b l i c o r a
t h e rn e o o t f b e i n g a f t o b j e c t o f a n e x c l u s i v e l y r e l i g i o
n a t u r e ;
4 ANDHRA PRADESH GAZETTE EXTRAORDINARY [PA R T IV-B

(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 per -
forms t he 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 Institu-
tion and Endowments Common Good Fund, or the
Andhra Pradesh Charitable Institutions and Endow-
ments Common Good Fund as the case may be,
created under sub-section (1) of section 70.
(8)6 Court* means-
(i) in relation to a charitable or religious insti-
tution 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 in-
stitution or endowment situated elsewhere in the
State, the Subordinate Judge's Court having Juris-
diction 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 at-
tached to a charitable or religious institution, the
Court which would have jurisdiction, as aforesaid ip
relation to such charitable or religious institution;
(iv) in relation to a specific endowment at -
tached to two or more such institutions, any Court
which would have jurisdiction as aforesaid in rela-
tion to either 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
May 23,1987 ] A NDHRA P RADE SH GAZET T E EXT RAORDINA RY 5

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 spec ified in sub-
section (5) of section 3;
(10) kDharmadayam5 means any amount charged
or collected und^r whatever name, according to custom
op 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 intend to be used for a charitable or a religious
purpose;
(11) 'dittanf means the schedule of articles and
other requirements of worship or offering in connection
with the daily dhupa, deepa, naivedyam, pachikam,
paricharikam and other general, special or periodical
services, ceremonies or observances in the institution,
endowment, math or specific endowment, as the ease
may be;
(12) 'Endowment Administration Fund1 means
the Andhra Pradesh Charitable and Hindu Religious
Institutions and Endowments Administration Fund
established under sub-section (1) of section 69;
(13) 'Executive Officer5 means an Officer appoin
ted 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 Mixasidar 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 tihie being in force, as
the case may be;
6 A NDHRA PRADESH GAZETTE EXT RAORDINARY [ PAIU fV-B

(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 o r according to
usage or custom applicable to the institution or endow
ment or according to the law of succession for the time
being in foree, as the case may be;
(17) wmaih' means a Hindu religious institut ion
presided over by a person, whose principal dut y 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 spir itua l 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 inst itut ion;
( I S ; "persotj having interest" includes
(a) in the case of a math, a discip le of the
oiath or a person of the religious persuation to which
the math belongs;
(b) in the case of a charitable institution or
endowment or a religious institution oilier 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 insti-
tution or endowme nt or who is ent itled 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 t he habit of partaking
in the benefit of the charity;
May 23, 1987 ] A NDHRA PRADE SH GAZETT E EXT RAORDINARY

(19) 'prescribed' means prescribed by rules made


by the Government under this Act;
(20) 'Regional Joint Commissioner' means the
Regional Joint 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 Regional Joint 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;
(21) 'religious charity5 means a public charity
associated with a Hindu festival or observance of a
religious character, whether connected with a religious
institution or not;
(22) 'religious endowments' means property
(including moveable property), and religious offerings
whether in cash or kind, given or endowed for the
support of a religious institution or given or endowed
for the performance of any service or charity of a
public nature connected therewith or of any other
religious charity; and includes the institution concerned
and also the premises thereof.
ExplanationrI:—All property which belonged to
OT was given or endowed for the support of a religious
institution, or which was given or endowed for the
performance of any service or charity of a public
nature connected therewith or of any other religious
charity shall be deemed to be a religious endowment
within the meaning of this definition, notwithstanding
that, whether before or after the commencement of this
Act, the religious institution has ceased to exist or
ceased to be used as a place of religious worship or
instruction or the service or charity has ceased to be
performed,
Explanation-!!:—Any Inam granted to an archaka,
service-holder or other employee of a religious Institu-
tion for the pefformance of any service or charity in
s A NDHRA PRADESH GAZETTE' EXT RAORDINARY [ PART IV-B

connection with a religious instit ut ion sha ll not be


deemed to be a personal gift to the archaka, service-
holder or employee, notwithstanding the grant of ryot-
42-tIIIof wari patta to an archaka, service- holder or employee
ltS£
under the Andhra Pradesh (Andhra Area) Inams (Abo-
lit io n and Convers ion into Ryotwar i) Act, 1956 but
shall be deemed to be a religious endowment;
(23) 'religious institution' means a math,
temple or speeific endowment and includes a Brinda-
van? Samadhi or any other institution established or
maintained for a religious purpose;
(24) 'Revenue Divisienaj Officer' means any
officer iii- charge of a revenue division and includes a
Deputy Collector, a Sub-Collector and an Assistant
Collector;
(25) 'Specific Endowment' means any property
or money endowed for the performance of any specific
service or charity in a charitable or religious instit ution
or fd the preformance of any other charit y, religious
or otherwise;
Explanatk>n-I:—rTwo or more endowments of the
nature specified in - this' clause, the administration of
which is vested in a common trustee or which are
managed under a common scheme settled shall be cons-
trued as gx single specific endowment, for the purpose,
of this Act;
Exp lanation- II:—Where a specific endowment
attached to a charitable or religious institution is situ -
ated part ly within the State a nd part ly outs ide t he
State, control shall be exercised in accordance with the
provisions of this Act over the whole of the specific
endowment provided the charitable or religious institu-
tion is situated within the State;
(26) 'State'means the State of Andhra Pradesh;
(27) 'Temple' means a place by whatever desig
nation known used as a place of public religious wor*
•hip, and dedicated to, or for the benefit of, or used ai
May 23, I..9S7 j A HDHRA P RAD &H GAZETT E EXIT UORDINART 9

of right by the Hindu community or any section thereof,


as a plaee of public religious worship and includes sub-
shrines, utsavs mandapas, tanks and other necessary
appurtenant structures and land;
Explanation:—A place of worship where the public
or .a section thereof have unrestricted access or declared
as. a private place of worship by court or other autho -
rity .but notwithstanding any such declaration, public or
a section thereof has unrestricted access to such place
and includes a temple which is maintained within the
residential premises, if offerings or gifts are received fey
the person managing ths temple from the public or a
section thereef at the time of worship or ether religiaus
function shall be deemed to be a temple;
(28) "Tirumala Tirupati Devasthanams" means
the temples specified In the Fir© Schedule and tie
endowments and properties thereof and shall include
the educational institutions and the other insti
tutions specified in the Second Schedule and the endow
ments and properties thereof and the Tirumala Tirupati
Dsvasihanams shall be deemed to be constituted into a
sin^e Religious institution for the purposes of this Act;
(29) 'trustee' means any person whether known
as mathadhipathi, mohant, dharmakarta mutawally,
muutazim or by any other name, in whom either alone
or in association with any other person, the administra
tion and management of a charitable or religious institu
tion or endowment are vested; and includes a Board of
Trustee;
(30) any reference to 'Hindu' shall be construed
as including-a reference to a person '-professing Budhist,
Jain, or Sikh religion, and the reference to Hindu
religious institutions shall be construed accordingly;
(31) words and expressions -used'm this Act, but
not defined herein, shall have the meaitiag assigned to
them in the relevant Acts.
10 A NDHRA PRADE SH GAZETT E EXT RAORDINARY [PART IV-B

C O M M I S S I O N E R , A D D I T I O N A L C O M M I S
R E G I O N A L J O I N T C O M M I S S I O N E R
A N D T H E I R P O W E R S A N D F U N C T I O N S
£ e m s e tc c t t o t h e p r o v
i s i o n s o f s e c t i o n 4 , t h e .
o f c - o rG a ro a v i e s r n m e n t s h a l l ' a p p o i n t a C o m m i s s i
A d d A i t id o dn ai i tl i o nC a o l m m i s s i o n e r a n d s u c h n u m b e r
siooer, R e g J i o i n nC a t lo m m i s s i o n e r s , D u e p t y C o m m i s s i o n e r s
Regional a n d A s C s io s m t a mn ti s s i o n e r s a s t h e y t h i n k J i t f o r t
Joist Comm
p u r p o s- e c i o s if i o i e wg x ec t rh se a p n d p e r f o r m i n g t h e
p f u n c t - i fo e n r s r e e d o n o n o r e n t r u s t e d t o t h e m b y o r u n
C o - mt h m i si s A c t
(2): The Commissioner, the Additional Cominis?
commis- sioiier and every Regional Joint Commissioner, Deputy
Commissioner or Assistant Commissioner appointed
under sub-section (1 ) exercising the powers and perfor-
ming the functions as aforesaid in respect of religious
institutions or endowments, shall be a person professing
Hkdu religion and shall cease to exercise those powers
and perform those functions when he ce ases to profess
that religion.
(3) The conditions of service of the officers
appointed under sub- section (1), shall be such as may
be determined by the Government.
(4) The officers appointed under sub-secticm
(1) shall be the employees of the Government and their
salaries, allowances, pensions and other remuneratiom
shall be paid: in the first instance out of the ConsqUd&tc*!
Fund of the State and subsequently reimbursed from
the Endowments Administration Fund.

(5) The Government may direct the Commis


sioner* Additional Q>mniissLoner and every Hagioiiai
Joint Commissioner, Deputy (^ Assistant
Commissioner apfranted under subsection (1) to -exer-■
cise the powers and perform the function cpnfentd on
May 25, 1987 j A NDHRA P RADL SH GAZEIIE EXT RAORDINARY II

or entrusted to the Commissioner, Addit ional Commis-


sioner or Regional Joint Commissioner, Deputy Coin-
missioner or Assistant Commissioner,- as the case ma y
be, by or under this Act in respect of char itab le or
religious institutions or endowments.
4. (1) A per so n to be appo int ed a s t he Co mm is - ^mt ^'
'SlOll Gr, shall be OQ&— appointment
ofCommiss
im er etc
(a) who is holding or has held a post of the > -
District Co llector o r a post not lo we r in ra nk than
.that of a District Collector in any ot her service in the
State; or
(b) who is hold ing or has held a post in the
\mihra Pradesh State Higher judic ia l Service; or
(c) who has at least ten years pract ice as an
Advocate of the High Court of And hra Pradesh or of
the Supreme Court; or
(d) who has been ho lding t he post of Add i-
tional Commissio ner:
Provided chat no person shall be eligible for
appoint ment as Counnissioaer unless he has completed
the age of forty-five years.
(2) A person to be appo inted as an Add it io nal
Commiss io ner s ha ll be one who has been ho ld ing t he
post of Joint Commissioner or Regional Joint Conimis -
siener for a period of not less than five years,
(3) A person to be appointed as a Regiona l Joint
Commissioner shall be one, who has been holding the j
post of a Deputy Commiss ioner for not less tha n fo ur ;
years-
( ) p
missioner shall be
(a) who has at least five years of pract ice as
an Advocate o f the High Cour t of Andhra Pradesh or
the Supreme Court, by direct re cruitmca it; or
(4) A person to be appointed as a Deputy Com*
nssioner shall be one;—
12 A NDHRA PRAD&BH GAZETTE EXT RAORDINARY [P A RT IV-B

(b) who has hccn holding the post of an Assis-


tant Commissioner for not less than five years, by pro -

(c) who Has been ho ld ing an eq uiva le nt post


of Deputy Commissioner in the service of the Tirumala
Tirupathi Devasthanams, by transfer.
(5) A person to be appointed as an Assistant
Commissioner shall be one—
(a) who has been for not less than three years
as an Advocate of the High Court of Andhra Pradesh,
by direct recruitment; or
(b) who has been ho ld ing for not less than
tiiree years the post of Superintendent in the Endow
ments Department or the post of an Execut ive Officer
of the prescribed grade, by promotion;
(c) who has been jholding am equivalent po&t
of Assistant Coromissioner in any of the charitable or
religious inst itutions or endowments published under
cLitse (a) of seetion 6 inc luding a person in the service
of the Tirumala Tirupatshi Devasthanams, by transfer;
Provided that in t iie case of Deputy Commis -
sioners and Assistant Commiss ioners the n umber of
posts to be .filled, by Direct recruitment sllall not exceed
one- fifth of tiie cadre strength of each category.
bt 5. For the purposes of this Act, the Commiss iener
dfvi<Winto sh%$ with the previous .approval ox the Goverafnent
SSS divide the State into such number of regions and each
saeh fepon info such number of divis ions and each such divis ion
into sueh number of sub-divis ions as he may deem fit. Each
region shall be in the charge af a Regional Joint Commissioner,
each divis ion shall be in the charge of a Deputy Commissioner
and each sub- division shall be in t he c ha r ge o f a n Ass ista nt
Commiss io ne r:
Provided that it shall be lawful for the Govern-
ment to appoint a Regional Joint Commissio ner fot
May 23, 1987 ] A NS>HRA PRADESH GAZETTE EXT RAORDINARY 13

m o r e r e g i o n s t h a n o n e o r a D e p u t y C o m m i s s
m o r e d i v i s i o n s t h a n o n e o r a n A s s i s t a n t C o m
f o r m - d o i rv e i s s i uo bn s t h a n o n e .
6 . T h e C o m m i s s i o n e r s h a l l p r e p a r e s e p a r a t e l y
p ui sb hl i n t h e p r e s— c r i b e d m a n n e r , a l i s t o f
( a ) ( i ) t h e c h a r i t a b l e i n s t i t u t i o n s a n d e n d o w m e n
institutions

( i i ) t h e r e l i g i o u s ^ i ^a n t J sh t & i t u t i o n s a n d e n d o w m e
o t h e r t h a n m a t h s ; in c o m e .
w h o s e a n n u a l i n c o m e a s c a l c u l a t e d f o r t h e p
le v y o f c o n t r i b u t i o n u n d e r s e c t i o n 6 5 e x c e e d
f i v e l a k h s ;
( b ) ( i ) t h e c h a r i -t a b l e i n s t i t u t i o n s a n d e n
m e n t s ;
( i i ) t h e r e l i g i o u s i n s t i t u t i o n s a n d e n d o w m e n
o t h e r t h a n m & t f L s j
w h o s e a n n u a l i n c o m e c a l c u l a t e d a s a f o r e s a i d
r u p e e s d f i f b t yu t t h d o o ue s s a n o t e x c e e d r u p e e s f i v e
l a k h s ;
( c ) ( i ) t h e c h a r i t a- b l e i n s t i t u t i o n s a n d e n
m e n t s ; o r
( i i ) t h e r e l i g i o u s i n s t i t u t i o n s a n d e n d o w m e
o t h e r t h a n m a t h s h o t t a i l i n g u n d e r c l a u s e ( a )
. C b ) ;

;
( d t )h e m a t h s i r r e s p e c t i v e o f t h e i n c o m e ;
( )e t h e D h a r m a d a y a m i r r e s p e c t i v e o f t h e i n c o m
P r o v i d e d t h a t t h e C o m m i s s i o n e r m
c l a s s i f i c a
t i o n a s s i g n e d t o a n i n s t i t u t i o n
i n t h e l i s t a n d e n t e r t h e s a m e i n t h e
i n c a s e t h e a n n u a l i n c o m e o f s u c h i n s
m e n t c a l c u l a t e d a s a f o r e s a i d e x c e e d s
t h e l i m i t s s p e c i f i e d • i n c l a u s e ( a )

!
c l a u s e ( c ) f o r t h r e e c o n s e c u t i v e y e a r s .
7 . T h e C o m m i s s i o n e -r a n d s h a l l b e a c o r p o r a t i o n
s h a l l h a v e p e r p e n c t s s u i e a m^ a l c l sx u c c e s s i o n a n d c o m m o
- t i * t• *. corporate
a n d m a y s u e o r b e s su o e l e d. i n h i s c o r p o r a t e n a m e
14 A NDHRA. PRADESH GAZETH EXT RAORDINARY [P A RT IV-B
8<
M. Subject to the other provis ions of t his Act, the
administration of all charitable and Hindu religious m s^int^om an<*
endowments shall be under the general superintendence and
control of the Commiss ioner and ■*•■' s uc h s uper inte nde nce
and co ntr o l s ha ll inc lude the power to pass any order which
may be deemed necessary to ensure that such instit ut ions and
endowments are properly administered and their income is duly
appropriated for the purposes for which they were found or exist.
(2) Without prejudice to the generality of 'the
feregoing provis ions, the Commissioner shall exercise
the powers conferred on him and perform the functions
entrusted to him by or tinder this Act in respect of such
insiitutioos .or endo wments in the State as are included
in the lists published under clause (a), clause (d) and
clause (e) of section 6;
(3) The powers and functions. of the Additional
Coiamissio iier shall be such as may be determined by
the Government fro m time to time.
(4) The Commissioner may delegate to a* Deputy
Comrnkmrnx: any of the powers conferred on or func
tio ns entrusted to the Commiss io ner by or under this
Act including the powers and functions of an Assistant
Commissioner which may be exercised or performed by
the Commissioner under sub-section (5) but not incltid-
ing the power and functions of the Commissioner
under sub-section (1), sections 6, 15, 49, 51, 66, 90». 92
and 132 in respect of any .inst itution or endowment or
dm class or group of inst itut ions or endowments in the
State, subject to such restrictions and control as the
Government may, by general or special order lay down
and subject also to such liaoaitations and conditions, if
any; as may be specified in the order of delegation.
(5) The Commissioner may delegate to an Assis
tant Comoyssioner any of the powers conferred on or
functions entrusted to the Commissioner "by or under
May 23; 1987 J A N&HRA P RADE SH GAZETTE EXT RAORDINARY 15

this Act' except the powers and functions of the Com-


missioner under sub-section (1), sections 6, 15, 49, 51,
66, 90, 92 and 132 in respect of any institution or
endowment in the sub-division in charge of -. the. Assis-
tant Commissioner subject to such restrictions and con-
trol as the Government may," by general or special order,
lay down and subject also to such limitations and condi -
tions if any, as may be specified in -the order of delega-
tion.
(6) Notwithstanding, anything in sections 10 and
11. the Commissioner may, by order in writing, declare
that the exercise and performance of all or any of the
p' wers or functions by the Deputy Commissioner or the
Assistant Commissioner;, as the case may be, shall be
subject to such exceptions, limitations and conditions
as may be specified in the order and he may himself
exercise any power or perform the functions so excepted.
9. Subject to the administrative control of the Com- Power*
Biissioner, a Regional Joint Commissioner .shall exercise ^oSa
such powers and perform such functions of the Com- Somt Com-
missioner as may, from time to time, be determined by missioacr* the
Government in respect of institutions and endow ments in the
region and any order passed or proceeding ttken by a Regional
Joint Commissioner in the exercise of such powers and the
performance of such functions shall be deemed to be an order
of the Commissioner for the purpose of this Act.
10. Every Deputy Commissioner shall, within division in his
charge exercise the powers* conferred OT and perform the
functions entrusted to a Deputy Com roissioner as such by or
under this Act, in respect of $xom r-such institutions or
endowments as are included in the list published under clause
(b). of section 6:
Provided that where at specific endowment if
situated in two or more divisions, the Commissioner
shall decide as to which of the Deputy i
16 A NDHRA PRADESH GAZETTE EXT RAORDINARY; [P A RT IV-B

shall have the jurisdiction to exercise the .powers, or


perform the functions in respect of such endowment.
il. Every Assistant Commissioner shall, within the
sub-division in his charge, exercise the powers conferred
on, and perform the functions entrusted to, an Assistant
Conimiss ioner as such by or under this Act In respect
of a ll ins tit ut io ns a nd endo wme nts inc luded in t he
list pub lished under c lause (c) o f sect ion 6 :
Provided t hat where a spec if ic e ndo wme nt is
sit uated in two or more sub- divis ions, the Commis-
sioner shall decide as to which of the Assistant Com-
inisioners shall have jurisdiction to exercise the powers,
or perform the functions in respect of such endowment.
powers of 12. (1) The Commissioner, the Additional Com-
wdKT n^ssioner, a Regiona l Joint Commiss ioner, a Deputy
cater and Commissioner or an Assistant Conxinissioner having
StiSsarfd jurlsaiction or any other person authorised by the
endowments. Commissioner in this behalf, may with due regard to
the religious practices and usages of the institut ions, inspect
any charitable or religious instit ution or endow ment, all
movable and immovable property belonging to, and all
records, correspondance, plans, accounts and ot her documents
relating to such institution or endow me nt for t he purpose o f
sat is fying himse lf that t he previs ions of this Act and the
rales made thereunder ate duly carried out:
Provided that in t he case of any religious ins t it u-
tion or endowment or place of worship, the person so
inspecting or authorised to inspect shall be a Hindu.
(2) Eve ry p erso n e xe rc is ing the po wer o f
inspect ion under s ub- sect io n (1) or for t he p urpose,
of exercising any other power conferred or performing
any function entrusted, by or under this Act shall have
the right %■ evifierv -^be:-- prespoises irf any charitable or ii
istit t i or e ndowme nt or a ny p lace? o f
May 23 1987 ] A NDHRA P RADESH GAZETTE EXT RAORDINARY 17

Provided that-'before making s uch entry for any


purpose as aforesaid, the person exercising such power
sha ll give reaso nab le not ice to the trus tee or head o f
the inst itut io n or endowme nt or archaka on duty and
shall while making the entry, have due regard to the
practices and usages of the institutions or endowments:
Provided furt her that in the case of a re ligious
inst itut io n or endowme nt or p lace o f wors hip where
the cus to m or usa ge does not permit the entry o f any
pei son ot her tha n t he archaka or a person authorised
by such custom or usage, into the sanctum, canctorum
or grabhalaya or any other place held specially sacred
within t he pre mises of s uch inst itut ion or e ndowme nt
or place of worship, the person exercising the powers
under t his sectio n sha ll not make the entry himse lf,
unless he is a person authorised by such custom or usage
in that behalf but ma y auhorise any archaka or other
perso n a uhor ised b y s uc h c usto m o r usa ge to make
the entry for the purpose of this sectic m.
13. (1) The Co mmiss io ner, the Add itio nal ^ ^
missioner, a Regional Joint Commissioner, a Deputy observe
Conunissoner, an Assistant Commissioner and every g)r^ priat e
other person, exercising powers or performing the fone- usages and
tions under this Act, shall not interfere with and practices.
shall observe the forms, usages, ceremonies and practices
obtaining in and appropriate to the. religious inst i tutio n or
endowme nt in respect o f whic h s uc h po wers ar? exercised or
functio ns are performed a nd in the case of a math, act iii
confor mit y wit h the rules, practices, usages or customs of
the math in his dealings with t he head of the math.

(2) The Commiss ioner, sha ll s ubject to such


direct ions as the Governme nt may give fro m time to
time, p repare a code o f co nd uc t for t he t rustee s,
arc haka s a nd ot her o ffic e ho ld ers, ser vants a nd
employees and for the persons visit ing, worshipping at
2
18 A NDHRA PRADESH GAZETTE EXT RAORDINARY [ PART IV-B

o r r e s o r t i n g t o a r e l i g i o u s i n s t i t u t i o n o r e n d o
d i f f e r e n t c o d e s m a y b e p r e p a r e d i n r e
d i f f e r e n t c l a s s e s o f i n s t i t u t i o n s o r e n d o w m e n
( 3 ) A n y p e r s o n tv i o l a t i n g t h e c o d e o f c
s o p r e p a r e d s h a l l b e l i a b l e t o b e e v i c t e d
p r e m -t i h s ee s i . n os tf i t u t i o n o r e n d o w m e n t .
C H A - I IP I T . E R
A D M I N I S T R A T I O N A N D M A N G AE M
C H A R I T A B L E A N D H I N D U R E L
I G I O U
I N S T I T U T I O N S A N D E N D O W M E N T S .
V e s t i n g o f . , . 1 4 *f o A r l lg i p v r e o n p e o r r t i e s b e l o n g i n g
o w i n § £ " e n d o w e d t o a c- h a r i t a b l e o r r e l i g i o u s i n s t
i n s t i t u t i o n m e e t s h a l l , -v e s t i n t h e c h a r i t a b l e o r
^ e n- d o w ^ e n d o w m e n t , a s t h e c a s e m a y b e .
0
i # 5( i n j ) r e s p e c t o f a c h a r i t a b l e o r r e l i g i o u
i n t s u t ti i o n o r e n d o w m e n t i n c l u d e d i n t h e l i s t p u b
u n d e r c l a u —s e ( a ) o f s e c t i o n 6
( a ) w h o s e a n n u a l i n c o m e e x c e e d s r
t e n l a k h s , t h e G o v e r n m e n t s h a l l c o n s t i t u t e
T r u s t e e s c o n s i s t i n g o f s e v e n p e r s o n s a p p o i n t e d
( b ) w h l o is n e c o a mn n e u a d o e s n o t e x c e e d
r u p e e s t e n l a k h s , t h e C o m m i s s i o n e r s h a l l c
B o a r d o f T r u s t e e s c o n s i s t i n g o f f i v e p e r s o n s
b y h i m .
( 2 I)n r e s p e c t o f a c h a
r i t a b l e o r r e l i g i o
i n s t i t u t i o n o r e n d o w m e n t
i n c l u d e d i n t h e l i s t
u n d e r ( bc )l a o u f s se e c t i o n 6 , t h e D e p u t y C o m m i
s i o n e r , h a v i n g j u r i s d i c t i o n s h a l l C o n s t i t u t e a
T r u s t e e s c o n s i s t i n g o f f i v e p e r s o n s a p p o i n t e
( 3 I)n t h e c a s e o f a n y c h a r i t a b l e o r r e l i g i o u
i n s t i t u t i o n o r e n d o w m e n t i n c l u d e d i n t h e l i s t
u n d c e l ar u s e (6 c +t h) e o f A s s e s c i s t ia o n nt C o m m i s
s i o n e r h a v i n g j u r i s d i c t i o n s h a l l c o n s t i t u t e a
T r u s t e e s c o n s i s t i n g o f t h r e e p e r s o n s a p p o i n t e
May 23, 1987 A ND HRA P RADE !H GAZET T E EXT RAORDINARY 19

Provided that the Assistant Commissioner may


either in the interest of the institution or endowment or
for any other sufficient cause or for reasons to be
recorded in writing appoint a single trustee instead of
a Board of Trustees.
16. Notwithstanding any compromise or agreement Abortion of
entered into or scheme framed, or judgement, decree, SL?**
or order passed by any court, tribunal or other
authority or in a deed or other document prior to the
commencement of this Act and in force on such
commencement, the rights of a person for the office of the
hereditary trustee or mutawalli or dharmakarta or muntazim or
by whatever name it is called shall stand abolished on such
commencement.
17. (1) In making the appointment of trustees "
unaer section 15 tne Government, me Commissioner,
the Deput y ©o^ the Assistant Commissio- J^^J^
ner, as thecasemay be, shall have due regard to the their term.
religious denomination or any section thereof to which
the institution belongs or the endowment is made and the
wishes of the founder ;
Provided that one of the trustees shall be from
the family of the founder, if qualified.
(2) Every trustee appointed under section 15
shall hold office for a term of three years from the
date of taking oath of office and secrecy.
Explanation: —Where the oath of office and
secrecy are administered on different dates, the period
of three years shall be reckoned from the earlier of
those dates for the purpose of this sub-section,
(3) The procedure for calling for application for
appointment of trustees, verification of antecedents and
other matters shall be such as may be prescribed.
(4) No person shall be a trustee in mare than one
Board of Trustees.
20 AWDHRA PRADESH GAZETTE EXTRAORDINARY -[PART 1V-B

(5) In every Board of Trustees the woman


me mbers shall not be less than two:
Provided that the Board of Trustees constituted
under sub-section (3) of section 15, shall at least consist
of one woman member: .
Provided further that the Board of Trustees con-
stituted under sab-sections (1) and (2) of section 15 for
the religious and charitable institution situated in the
schedule area, there shall be one Member belonging to
the Scheduled Tribe.
(6) All properties belonging to a charitable or
religious inst itut ion or endowment, which on the date
of commencement of this Act, are in the possession or
under the superintendence of the Government, Zilia
Praja Paris had, Munic ipalit y or other local authorit y
or any company, society, organisation, institut ion or
other person or any committee, superintendent or
manager appointed by the Government, shall, on the
date o n whic h a Board o f Trustee s is o r is de e med
to have been constituted or a trustee is or is deemed to
have appointed under this section, stand transferred to
such Board of Trustees or trustee thereof, as the case may
be and ail assets vesting in the Government, local
authority or person aforesaid and all liabilities subsist
ing against such Government, local authority or person
on the said date shall, devolve on the institut ion or
endowment, as the case may be.

ua iific* 18. A person s ha ll be q ua lified for being appo inted


as or for bei0
S a trustee of charitable or religious institution
or endowment,—
(a), if he has fait h in God;
(b) if he possesses good conduct, and reputation
• and commands respect in the locality in which the
institution is situated;
May 23, 1987 ] A NDKKA PRADESH GAZETT E EXT RAORDINARY 21

( c i) f h e h a s c o n t r i b u t e d f o r c o n s t r u c t i o n , r e
v a t i o n o r d e v e l o p m e n t o f a n y i n s t i t u t i o n o r
a n c e o f a n y U t s a v a m o r U b h a y a m o r a n y c
c a u s e ;
( d i )f h e h a s a s n u d f f i nc it e rn e t s t t i m t o e a t t e n d
t ot t i e a f f a i r s o f t h e i n s t i t u t i o n ; a n d
( e i) f h e p o s s e s s e s a n y o t h e r m e r i t .
1 9 . ( I ) A p e r s o n s h a l l b e d i s q u a l i f i e d f o
a p p o i n t e d a s , o r f o r b e i n g , t r u s t e e o f a n y
o r r e l i g i o u s i n - -----
s t i t u t i o n o r e n d o w m e n t
( a I) f h eu n i s d i a s nc h a r g e d i n s o l v e n t ;
( b i) f h e i s o f u n s o u n d m i n d a n d s t a n d s s
d e c l a r e d b y a c o m-m p ue tt ee n t c o u r t o r i f h e i s a d
o r i s s u f f e r i n g f r o m l e p r o s y o r a n y v i r u l e n t c o
d i s e a s e ;
( c i)f h e i s i n t e r e s t e d e i t h e r d i r e c t l y o r i n d i r e
i n a s lu e b a s s i es t io n f g a n y p r o p e r t y o r o f c o n t r a c t
m a d e , w i t h , o r a n y W o r k b e i n g d o n e f o r , t h e
t i o n o r e n d o w m e n t o r I s i n a r r e a r s o f a n y k i n
h i m t o s u c h i n s t i t u t i o n o r e n d o w m e n t ;
( di)f h e i s a p p e a r i n g a s a l e g a l p r a c t i t i o n e r
b e h a l f o t hf e o r i n a s g t i a t i u n t s i to n o r e n d o w m e n t ;
( e i) f h e h a s b e e n s e n t e n c e d b y a c r i m i n a l C o
f o r a n o f f e n c e i n v o l v i n g m o r a l t u r p i t u d e , s u c h
n o t h a v i n g b e e n r e v e r s e d ;
( f )i f h e h a s a c t e d a d v e r s e t o t h e i n t e r e s t o f
i n s t i t u t i o n o r e n d o w m e n t ;
( g i)f h e i s a on r o s f e f ri cv ea n h t o a l td t e a r c h d , e
t o , o r a p e r s o n i n r e c e i p t of a n y e m o l u m
p r e r e q u i s i t e f r o m s u c h i n s t i t u t i o n o r e n d o w m e n
( h ) i f h e i s a d d i c t e d t o i n t o x i c a t i n g l i q
d r a g s ;
22 A XDHKA PRADESH GAZETTE HxTJUORDJNAJty (FAHT IV-B.

(i) if he has not completed thirt y years age:


Provided that nothing in this c lause sha ll apply to
the trustee holding office immediately before the
commencement of this Act;
(j) if he does not pro fes s Hind u re ligion in t he
case of religious institution or endowment; or
(k) if he has held such office for two consecutive
terms;
Explanation:—The expression 'term' includes a
part of the term*
(2) Before a trustee enters upon his office the
Commissioner, Deputy Commissioner or Assistant
Commiss ioner or any other person authorised by him
in this behalf shall.administer tohim the oath of office
and secrecy as may be prescribed.
(3) Any suc h trustee who fails to take, within
thirt y days from the date on which he was appointed,
the oath of office and secrecy laid down in sub-section
(2), shall cease to hold office.
20. (1) In the case of charitable and religious institu- or
enc
*owment an( i f° r which a Board of Trustees is
constituted under section 15," the me mber of,the
Board of Trustees shall , within such period not exceed -
ing sixty days and in such manner as may be prescribed,
elec t fro m a mo ng the mse lves, t he Cha irma n; a nd if
no Chairma n is elected within the prescribed period,
the Government in the case of a Board of Trustees
constituted under clause (a) of sub-section (1) of sec-
tion 15, and the Commissioner in the case of any other
Board of Trustees shall nominate one of the members
as Chairman.
(2) A Chairman elected or nominated under sub-
section (1) shall hold office so long as he continues to
be a member of the Board of Trustees.
May 23, 1987 ] A NDHRA PRADE SH GAZETT E EXT RAORDINARY 23

21. (1) A trustee of a charitable or religious insti - ^sSSyp


tiition or endowment for which a Board of Trustees on absence
is constituted, shall cease to hold Office as such —
(a) where more than t hree ordinary meetings T
of the Board of Trustees have been held within a
period of three consecutive months reckoned from
the date of commencement of the term of office of the
trustee or of the date of the last meeting which he
attended or of the date of his restoration to the office
as member under sub-section (2), as the case may be,
if he absents .himself frota all such meetings; or
(b) where less than three ordinary meetings
have been held within the said period of three months,
if he absents himself from three consecutive ordinary
meetings held during and after the said period:
Provided that no meeting from which a member
absented himself shall be counted against him under
this sub-section if—
(i) due notice of that meeting was no t given
to him in the prescribed manner; or
(ii) the meeting was held on a requisition of
members:
Provided further that nothing in this sub-section
shall apply to-a- member who attends any meeting
other than ordinary meeting held—
(i) in respect of clause (a), within the said
period of three months;
(ii) in respect of clause (b), before the third
ordinary meeting;
Explanation:—For the purpose of this sub-sec-
tion—
(i) 'ordinary meeting' shall mean a meeting
held after giving a notice of atleast three days before
the day of ttie meeting;
24 A NDHIU PRADESH GAZETTE EXT RAORDINARY [ PART IV-B

(ii) where a meeting other than an ordinary


meeting intervenes between one ordinary meeting and
another ordinary meeting, those two ordinary meetings
shall be regarded as being consecutive to each other;
(iii) a meeting adjourned for want of quor um
shall be deemed to be a meeting.
(2) where a person ceases to be a member under
sab- section (1), .the person author ised in this beha lf
by rhe Commissioner,, the Deputy Commissioner or the
Assistant Commissioner, as the case may be ? shall
forthwith int imate the fact by registered post to the
member concerned and report the fact to the Board of
Trustees at its ne xt meeting. I f such me mber applies
for restorat io n o f his me mbers hip to the Board o f
Trustees within t hirty days o f the receipt by him o f
such int imat ion, he sha ll be deemed to have been
restored to his membership and the person aforesaid
sha ll report the fact of suc h restorat ion to the Board
of Trustees at its next .meeting:
Provided that where a me mber who is so restored
to his membership aga in incurs the disqua lificat ion
under sub-section "(1 ) , the Board of trustees may on
his app lica t ion for res torat io n filed within a per iod
of thirty days of the receipt by him of the int imation
from the person aforesaid regarding the disqualifica-
tion, restore him to his membership.
vacancy in 22. (1) Where a trustee of any charitable or religious
^?f ^ ^ t i
>r endowment—■
filling of . .
s u c h v a c (a an c ) y . b e c o m e s s u b j e c t t o a n y d i s q u
s p e c i - fs i e e c d ( t 1 i ia o ) n n n d ss u ( b 3 ) o f s e c t i o n 1 9 a n d
i s r e m o v e d u n d e r s e c t i o n 2 8 ; o r
( b ) t e n d e r s r e s i g n a t i o n o f h i s o f f i
s a m e i s a c c e t ph et e dC - o b m y m t hi s e s i Go o v e r n m e n t ,
n e r , t h e D e p u t y C o m m i s s i o n e r , o
C o m m i s s i o n e r , a s t h e c a s e m a y b e ,
t h e r e u p o n b e c o m e v a c a n t .
May 23, 1987 ] A NDHEA PRAOT SH GAZETT E EXT RAORDINARY 25

.(2) Where a vacancy in the office of a trustee


has arisen under sub-section (1), or by efflux of time,
or otherwise the Government,, the Commissioner, the
Deputy Commissioner or the Assistant Commissioner,
as the case m ay be, s hall appoint! a ne w tr ustee
in his place and such trustee shall hold office for the
residue of the term of office of his predecessor except
where the vacancy has arisen by efflux of time.
23* (1) The trustee of every charitable or religi- Powers of
otts instituticm or endowment shall administer its tbetniStee>
affairs, manage its properties and apply its funds in
accordance wMi the terms of the trust, the usage of the
institution or endowment and all lawful directions which a
competent authority may issue in respect thereof and.as
carefully as aman of ordinary prud-ense would deal with
such affairs, fund and proper ties if they were of his own.
(2) A trustee shall, subject to the provisions of
this Act, be entitled to exercise all powers incidental
to the pradeat aiid beneficial administration of the
charitable or religious institution or endowment and
to the performance of the functions entrusted to Mm.
(3). A trustee shall not spend the funds of the
charitable or religious institution or endowment for
meeting any costs, charges or expenses incurred by
him in any suit, appeal or application or other pr<>
ceedings for or incidental to the establishment of his
appoiBtmeaat to or removal from office or any disci-
plinary action taken against him:
Provided that the trustee may reimburse himself
in respect of such costs, charges or expenses if he is
specifically permitted to do so by an order passed
under section 136.
(4) (a) It shall be lawful for a trus tee of a
religious institution by an order, to prohibit within
the premises of tbe religious mstitutiosis or withio
26 A NDHRA PRADESH GAZETTE EXT RAORDINARY [PART IV-B

suc h area belo nging to t hat inst itut io n as may be


specified in the order—
(i) sa le, possess io n, use or co ns umpt io n of
any intoxicating liquor or dfug, or cigrettes including
beedies and chutta s;
(ii) ga ming with cards, dice, counters, money
or other instrument of gaining;
(iii) sale, possession^ preparation or consump-
tio n of meat or other food stuffs containing meat;
(iv) slaughter, filling or maiming of any
anima l or bird for any purp ose.
(b) Any pe rso n contra ve ning a n orde r made
by the trustee under clause (a) shall be punishable
wit h impr isonme nt for a term which ma y extend to
one month, or with fine which may extend to one
hundred rupees or with both;
(c) Every offence punishable under this sub
section shall be cognizable 6ffence within the meaning
c«ntrai Act of the Code of CritninaJProcedure 1973:
if of. 1974.
Provided that no police o fficer sha ll arrest any
person for such offence except on a written complaint
ma de b y t he tr us t ee o r Exec ut ive O ffic er o f a
religious institution or endowment;
(d) Every person contravening an order riiade
by the trustee under claus fe (a) shall be deemed to be
an 'encroacher' within the meaning o f section 83.
(5) (a) Notwithstand ing anything in any other
law for the t ime being in force, whoever in the local
area—
(i) itoports, exports, transports, or possesses
liquor or any intoxicat ing drug or cigarettes ine lud*
ing beedies antf chuttas;
M ay 23,1987 ] A NDHIU PRADESH GAZETTE EXT RAORDINARY 27

(ii) manufactures liquor or any intoxicating


drug;
(iii) cultivates the hemp plant or collects any
portion of such plant from which, an intoxicating drag
can be manufactured;
(iv) sells liquor or any intoxicating drug;
(v) consumes or buys liquor or any intoxicating
drag;
(vi) ^liows any of the acts aforesaid upon the
premises in his immediate possession; or
(vii) sells or possesses, prepares or con -
sumes meat or other food stuffs containing me at;
shall be pmms li able wit h im pr iso nme nt for a
term which may extend to one month or with line
which may extend to one hundred rupees or with
both,
(b) Every offence punishable under this sub
section shall be cognizable offence within the meaning
of the Code of Criminal Procedure, 1973. ^Di I\A
2 Of I V74
Explanation:—In this section, local area' means
such area in the vitinity of any religious institution
as the Government may, by notification, specify in
this behalf.
(6) (a) The trusted of a religious institution or
endowment shall Have power subject to sucli condi
tions as the Commissioner may by general or
special order impose to fix fees for the performance
of archana or any service or ritual or ceremony
connected with such institution or endowment;
(b) The trustee shall have power to deter -
mine and fix place for breaking the coconut within
the premises of the temple for the convenience of
devotees and to maintain cleanliness in the temple.
(7) It shall be lawful for the tru stee of an
institution or endowment to convene a meeting of
28 A NDHRA PRADESH GAZETTE EXT RAQRDINARV ' [ PART IV-g

devotees, perso ns having interes t a nd be ne fic ia r ies


in the ma nner prescr ibed for obta ining s uggest io ns
for the betterme nt of such inst itut io n or endowment.

Duties of 24. (1) The Commissioner, the Deputy Comnii-


the trustees. ss joner^ or ^ Assistant Commissioner, as the case
^ ,
may be, having jurisdict ion over any charitable or
religious institution oc endowment,—

(a) ma y req uire the tr us tee or any perso n,


in possession of, or responsible for the custody of
any books, accounts, returns, reports or other
information relating to the administration of
the instit ut ion or endowment, its funds, income,
monies or other properties connected therewith or
the appropria t ion thereo f, to furnis h or produce or
cause to be furnis hed or produced for any inspectio n
which may be made under the provisio ns of this
Act, a il or a ny o f t he m at s uc h p lace and t ime and
in such manner as he may direct;

(b) shall, at all reasonable times, have free


access to such books accounts, documents, funds,
income, monies or other properties.

(2) It sbail be the duty o f t he trus tee, all


servants and employees working under him, a ny
agent of. the trustee, or any other person having con
cern in the admia istrd'a m of s uch inst itut io n or
endowment, to afford such assistance, and facility as
ma y be necessary or required in connect ion wit h any
such inspection.

(3) The trustee o f e ver y cha r itab le or re ligio us


institut ion or endowment shall obejr all lawful orders
iss ued under the provis io ns of t his Act; by the
Government, the Coiiiinissioner, the Deputy Com-
May 23, 19871 A KDHRA PK^DJ:5H GAZETTE BXTKAURDINAKY 19

aiissioner or the Assistant Commiss ioner, as the


case ma y be.
25. (1) The trustee of a religious institution or Fixation o(
endowment, other than a math or specific endowment dlttam-
attached thereto, shall wit hin a period of ninety days fro m t he
date o f co mme nc e me nt o f t his Ac t or the date o f "fo und ing,
of the re ligio us ins tit ut io n or endowment, other than a math or
specific endowment attached thereto, and after consultation with
the Sthana-charya or where there is no such St hanacharya, the
archaka or archakas concerned, submit proposals, for fixing the
dit la m in the inst it utio n or endowme nt and the a mounts to be
spent therefor t o the Commiss ioner, the Deputy Commissioner or
the .Assistant Commissioner, as the case may be, having
jurisdiction over such institut ion or endowme nt;

Provided that the Commissioner, the Deputy Com-


miss ioner or the Assistant Commiss ioner, as the case
may be, may extend the time for the submission of such
proposals:
Provided furt her t ha t t his s ub -sect io n s ha ll no t apply to
any inst it utio n or endowme nt in respect of which proposals
were submitted to the Commissioner under the And hra
Prades h Cha r itab le a nd Hind u Rel i gio us I ns titut io ns a nd
Endo wme nt s Ac t, ' 19 66 o f before t he co mme nce me nt of
this Ac t.

(2) The tr ustee s ha ll, while s ub mitting his


proposals under s ub- sectio n (1), ha ve due re gard to
the established usage, if any, the performance of the
ceremonies and services! and the observance of festi-
va ls , wors hip s and t he lik e, a pp ro pr ia t e to t he
religious denomination to which the religious institut ion
or endowment belongs and to the fina nc ial posit ion
thereof.
% Q A ^ D P K R i tAA D E SX iT HR A CO Rk [ F DAz InI R N -VTB AT ER Y

(3) The trustee shall, at the time .of-.submiss ion.


of proposals under sub -section (1) publis h the propo
sals at the premises of the inst it ut ion or endowment
in such manner as may be pres cribed, together
wit h a not ice sta t ing that within a per iod o f thirt y
days fro m the date o f s uc h pub licat io n a ny perso n
having interest ma y sub mit his objections or sugges
tions to the Commiss ioner, the Deputy Coinmissio ner
ox the Assista nt Co mmis io ne r, as t he case may be,
(4) After exp iry o f the per iod specified in s ub
section (3), the Commiss io ner, the Deputy Commis
sioner or the Assistant Commiss ioner, as the case
may be, shall, after considering any objections and
suggestions received, pass such order as he may think
tit on such proposals having regard to the matters
specified in sub-section (2). A copy of the order
shall be communicated to the trustee and shall be publi
shed in the prescribed manner.
(5) The trustee s hall scrut inise the particulars
of dittam every three years and submit to the Com-
miss io ner, t he Deput y Commiss io ner or t he Ass is -
tant Commiss ioner 4 as the case ma y be, having
jurisd ic t io n, proposa ls fo r a lter ing the d itta m to -
gether wit h the reasons therefor.
(6) Save as aforesaid, the dittam for the time
being, in force in an institution or endowment shall
not be altered by the tr ustee.
(7) The procedure for alteration of the ditta m
shall fee the same as laid down in sub-sections (.2), (3)
and (4).
Power of 26- The trustee of a specific endowment made
t n i s t e e o f ■ ■ ' ...................■
" .......* ...............-' ' " _........................■
^ ...................;
■ ■ :■ ■ ;■ • ■ ■ ■ ■

charitabieor for the performance of any service or chanty connec -


institution ted with a charitable or religious institution shall
o v e r t r u s t e e
f
perform such service or charity subject tp the general
May 23, 1987 j A NDHRA PRADE SH GAZETT E EXT RAORDINARY 31

s u p e r i n t e n d e n c e o f s th h a e l l t r u s t e e o f t h e ' i n s t i t u t
c o m p l y w i t h a i l l a w f u l o r d e r s i s s u e d b > h i m
. 2 7 . N o a c t o r p r A o fc c t s e o e d i n g s o f t h e t r u s t e e
t r u s t e e s o ra p p o d i e n e t me d e d - t oo r b e a p p o i n t e d t r u s t e e
o r B o a r d o f O F d T e r e u m s t e e de s t o Tc ro u n s s t t e i t e u s t e n d o t
b e c o n s t i t u t e d u - d n e d e e m r es ed c - t t o i o ^ n b 1e 5 i n v sa h f i a l l b e
b e i n v a l i d b y r e a s o-l n o n l y o f a d e f e c t i n
m e f n st u o c h t r u s t e e o r t r u s t e e s o r c o n s t i t u t i o
B o a r d o f T r u s t e e st r uo sr t eo en , t t h h e e g r o u n d t h a t
C h a i r m a n o r a an s y t m h e e mc a b s e e r m o af y t h b e e B o a r d ,
w a s n o t e c n o t ni t t l i e n d u e t o i n h so ul dc h o f o f ri c e b y
r e a s o ni s oq f u t a ai ol n i n fy i oc d ra b y r e a s o n o f a n y i r r e g u l a r i t y
o r i l l e g h a i sl i t y a p p oi n i n t m e n t o r b y r e a s o n o
a c t p r o oc re d i n g h a v i n g b e e n d o n e o r c o n d u c t e d
p e r i o d o f a n y v a c a n c y i n t h e o f f i c e o f t h e
C h a i r m a n t h o e r Bm oe a m r db . e r o f
2 8 . ( 1 ) T h e a u t h o r i t y c o m p e t e n t t o a p p o i n
t r u s t e e m a y s u s p e n d , r e m o v e o r d i s m i s s a t r
h e --- irustee.
( a ) f a i l s t o d i s c h a r g e t h e d u t i e s a n d p e r f
t h e f u n c t i o n s o f a . t r u s t e e i n a c c o r d a n c e
p r so i vo i n s o f t h i s A c t o r t h e r u l e s m a d e
t h e r e u n
( b ) d i s o b e y s a n y l a w f u l o r d e r s i s s u e d u n d
p r o v i s i o n s o f t h i s A c t o r t h e r u l e s m a d e t h
b y t h e G o v e r n m e n t o r t h e C o m m i s s i o n e
D e p u t y C o m m i s s i o n e j o r t h e A s s i s t a n t C o m m
( c r ) e f , u fs ae i s l s o r d e l a y s t o h a n d o v e r t h e
p r o p e r t y a n d r e c o r d s i n h i s p o s s e s s i o n r e l a t i n
i n s t i t u t i o n o r e n d o w m e n t t o h i s s u c c e s s o r o
o t h e r p e r s o n a u t h o r i s e d i n t h i s b e h a l f ;
( d c) o m m i t s a n y m a l f e a s a n c e o r m i s f e a s a n c e
o r i s g u hi l ot y f ot r f u bs tr e o a r c m i s a p p r o p r i a t i o n i n
r e s p e c t o f t h e p r o p e r t i e s o f t h e i n s t i t u t i
e n d o w m e n t ;
32 A NDHRA PRADESH GAZETTE EXT RAORDINARY f PART IV-B

( e b) e m c
e s o s u b j e c t t o a n y o f t h e d i s q u a l
c a t i o n s
s p e c i f i e d i n s e c t i o n 1 9 ; o r
( f i) n ' t h e c a s e o f a r e l i g i o u s i n s t i t u t i o n
e n d o w m e n t , c e a s e s t o p r o f e s s H i n d u r e l i g i o n .
( 2 W) h e r e e i dt it so p t ra o k p e o a s c t i o n u n d e r
s u- s b e c t 5 i ot h n e ( a 1 u) t h o r i t y c o m p e t e n t t o a p p o i n t
t h e t r u s t e e s h a l l f r a m e a c h a r g e a g a i n s t t h e
c o n c e r n e d a n d g i v e h i m a n o p p o r t u n i t y o
s u c h c h a r g e , o f t e s t i n g t h e e v i d e n c e a d d u c e
h i m a a d n d d u oc fi n g e v i d e n c e i n h i s f a v o u r ; a
t h e o r d e r o f s u s p e n s i o n , r e m o v a l o r d i s m i s s
s t a t e e v e r y c h a r g e f r a m e d a g a i n s t t h e t r u s
e x p l a n a t i o n a n d t h e f i n d i n g o n s u c h c h a
g e t h e r w i t h t h e r e a s o n s t h e r e f o r .
( 3 P ) ed ni n g d i s p o s a l o f a n y c h a r g e f r a m e d a g a i n
a t r u s t e e , t h e a u t h o r i t y c o m p e t e n t t o a
t r u s t e e m a y s u s p e n -d t h e t r u s t e e a n d a p p o i n
s o n t o d i s c h a r g e t h e d u t i e s a n d p e r f o r m t h e
o f t h e t r u s t e e .
Appointment _

c h a r i t a b l n e s t o i r t u r t e i l o - i ng s i o o u r s e i n d o w
m e n t s e a c h o f w h o s e a n n u a l i n c o m e i s r u p
t h o u s a n d b u t d o e s n o t e x c e e d r u p e e s o n e l a k h
g r o u p s a s m a y b e p r e s c r i b e d ,
( 2 F) o r e a c h s u c h , g r o u p o f c h a r i t a b l e o r r e l
o u s i n s t i t u t i o n s o rp oe i n n d t oe wd m e n t s t h e r e s h a l l b e
a n E x e c u t i v e O f f i c e r f o r e x e r c i s i n g , t h e p o w e r
c h a r g i n g t h e d u t i e s c o n f e r r e d o n h i m b y o r u
A - c t

( 3 T) h e G o v e r n m e n t m a y f o r p u r p o s e o f
A c t , c o n s t i t u t e s u c h g r a d e s o f E x e c u t i v e O f
a u t h o r i s e t h eo m w e t ro s ea xn e d r c f de ei s cs uh ca hr g pe
s u c h d u t i e s a s m a y b e p r e s c r i b e d :
a n d d u t i e s 2 9 . ( 1 ) T h e G o v e r n m e n t m a y c o n
? 1'1 * * ^ i b^ l l i i i
May 23, 1987] ANDHRA PRADESH GAZETTE EXTRAORDINARY 33
Provided that twenty percentum of vacancies
in each grade of Executive Officers shall be filled
by the employees belonging to the Institutions or
Endowments of prescribed grade.
(4) The Executive Officer appointed and exer
cising the powers and discharging the duties shall be
a person professing Hindu religion and shall cease
to exercise those powers and discharge those duties
when he ceased to profess that religion.
(5) (a) The Executive Officer appointed un
der this section shall be under the administrative
control of the trustee of the institution or endow
ment and shall be responsible for carrying out all
lawful directions issued by such trustee, from time
to time;
(b) The Executive Officer, shall, subject to such
restrictions as may be imposed by the Govemment,-

(i) be responsible for the proper mainte-


nance and custody of all the records, accounts and
other documents and of all the jewels, valuables,
moneys, funds and other properties of the institu-
tion or endowment;
(ii) arrange for the proper collection of in-
come and for incurring of expenditure;
(iii) sue or be sued by the name of
the institution or endowment in all legal
proceedings:
Provided that any legal proceeding pending im-
mediately before the commencement of this Act, by
or against an institution or endowment in which
any person other than an Executive Officer is suing
or being sued shall not be affected;
(iv) deposit all moneys received by the in-
stitution ro endowment in such bank of treasury as
may be prescribed and be entitled to sign all orders
or cheques against such moneys:
34 ANDHRA PRADESH GAZETTE EXTRAORDINARY [P art I V-B

Provided that such deposits may be made in the


treasury if the rate of interest offered by it is higher
than that of any bank.
(v) have power in cases of emergency, to
direct the execution of any work or the doing of any
act which is provided for in the budget for the year
or the immediate execution or the doing of which
is, in his opinion, necessary for the preservation of
properties of the institution or endowment or for the
service or safety of the pilgrims resorting thereto
and to direct that the expenses of executing such
work or the doing of such act shall be paid from the
funds of the institution or endowment:
Provided that the Executive Officer shall report
forthwith to the trustee any action taken by iiim
under this sub-clause and the reasons therefor.
(c) The Executive Officer shall, with the
prior approval of the trustee, institute any legal
proceedings in the name of the institution or en
dowment, or defend any such legal proceedings;
(d) Where there is no Executive Officer in
respect of any charitable or religious institution or
endowment, the trustee or the Chairman of the
Board of Trustees, as the case may be, of the in
stitution or endowment shall exercise the powers,
perform the functions and discharge the duties of
an Executive Officer.
(6) The Executive Officer appointed under this
section shall be the employee of the Government
and the conditions of his service shall be such as may
be determined by the Government. The salary,
allowances, pension and other remuneration of the
Executive Officer shall be paid in the first instance
out of the Consolidated Fund of the State and later
recovered from the
May 23, 1987] ANDHRA PRADESH GAZETTE 35
EXTRAORDINARY

institution or endowment concerned in accordance


with the procedure laid down in this Act, for the
recovery of contribution from the institution or en-
dowment.
30. (1) The Government may appoint the en- Appointment
gineering staff of such grades and designations as rin nf e
they may deem necessary, in the Endowments Department to
evaluate and control the quality in the supply of material
and execution of work. The salaries allowances, pension
and other remuneration of such engineering staff shall be
paid in the first instance out of the Consolidated Fund of
the State.
(2) The Government may, for the services
rendered by the engineering staff apointed under
sub-section (1) recover the whole or any portion
of the amounts or charges from such institution or
endowments as may be prescribed,
(3)The procedure laid down in this Act, for
the recovery of contribution from the institution
or endowment shall, as far as may be, aply to the
recovery of amounts or charges under sub-section
(2).
31. The Commissioner may draw a panel of A
engineers, Architects and Silpis from time to time for pointment
appointment on such terms and conditions as may
be prescribed for each sub-division for preparation of
plans and estimates for supervision of the execution
of the work, and for recording measurements and
check measurements and the like.
ointment
32. The Government or such other authority A as
may be authorised by them in this behalf, shall oJ^te
appoint such other subordinate officers with such officers.
designations and assign to them such powers and such
functions as the Government may deem nec essary for
the purposes of this Act.
36 ANDHRA PRADESH GAZETTE EXTRAORDINARY [P A RT IV-B

constitution 33. (1) The Government may, by notification,


constitute any officers or class of officers appointed
under section 29, section 30 or section 32 into an
Endowment Ser vice for the State.
officers
(2) Upon the issue of a notification under
sub-section (1), the Government shall have power,
subject to the provisions of section 153 to make
rules, to regulate the classification, methods of re -
cruitment qualifications, conditions of service, pay
and allowances and discipline and conduct of every
Endowment Ser vice thereby constituted and such
rule shall invest jurisdiction in relation to such ser -
vice in the Government and in such other authority
as may be prescribed therein.
Abolition
7
of 34. (1) (a) Notwithstanding anything in any
compromise or agreement entered into or scheme
s,
or
framed or sanad or grant made or judgement, decree
order passed by any Court. Tribunal or other au-
thorities prior to the commencement of this Act and
* f°r-ce on such commencement, all rights, whether
n

hereditary, contractual or otherwise of a person


holding any office of the Peddajeeyangar, Chinna
Jeeyangar, a Mirasidar or an Archaka or Pujari or
any other office service or post by whatever name it is
called in any r eligious institution or endowment shall
on the commencement of this Act stand abol ished;
(b) Any usage or practice relating to the
succession to any office or service or post mentioned
in clause (a) shall be void;
(c) All rights and emoluments of any nature
in cash or kind or both accrued to and appurtaining
to any office or service or post mentioned in clause
(a) and subsisting on the date of commencement of
this Act shall on such commencement stand extin
guished.
(2) Every office holder and servant mentioned in
clause (a) of sub- section (1) holding office as such on
23, 1987 ] A NDHRA PRADE SH GAZETT E EXT RAORDINARY

the date of commencement of this Act shall, notwith-


standing the abolition of the hereditar> rights, continue
to hold such office or post on payment of only such
emoluments and subject to such conditions of service
referred to in sub-sections (3) and .(4) of section 35.
35. (I) Every vacancy, whether permanent or
temporary, amongst the office-holders or.servants of ahoid«fand
charitable or religious institution or endowment shall.servants! etc .
be filled by the Taistee:
Provided that in the case of a charitable or religious
institution or endowment whose annual income exceeds
rupees ten lakhs the Executive Officers, shall appoint the
office holders and servants thereof.
(2) No person shall be considered for appoint
ment to any vacancy under sub-section (1) on the
ground merely, that he is entitled for such appointment
according to-—
(i) any scheme framed^ agreement entered or
judgement, decree or order passed by any court, tribu-
nal or other authority prior to the commencement of
this Ac?;
(ii) any custom or usage; or
(Mi) the principle that he is next in the line
of succession to the last holder of office.
(3) Every office holder or servant including
Pedda Jeeyanagar, CMna Jeeyanagar and MirasidarJ
Archaka and Pujari whether hereditary or not
holding office as such on the date of com
mencement of this Act, shall continue as such
office holder qr servant and notwithstanding
any scheme, judgement, decree or order of a
Court, Tribunal or other authority or any agreement or
custom or usage relating to the payment of any per -
quiskies, emoluments or remuneration, either in cash
■3 8 A N O P R H A UG A D A Z E E X E S T TH RT EA [ O AP R£ R - B V DT I N A R Y

or kind or both before the commencement of this Act,


be paid only such emoluments as may be prescribed:'
Provided that it shall be lawful for the Government
to direct such office holders and serva nts as they may
consider necessary to acquire, such qualifications and
to undergo training in such manner, for such period
and on such terms as may be prescribed.
(4) The qualifications, method of recruitment
and temporary appointments, pay and allowances,
discipline and conduct and other conditions of service
of the office holders and servants of a charitable or
religious institution or endowment, shall be such as may
be prescribed,

36. A person shall be qualified for being appointed


as or for being an Archaka of a religious institution or
endowment—
(a) if he has passed the Archaka Examination
recognised by the Commissioner.
(b) if he is not disabled or suffering from any
virulent and contagious disease,
(c) if he is able to recite vedic mantras and slokas
relating to rituals with clarity and without any fault,
(d) if he possesses good conduct and character,
(e) if he is free from Sapthavyasanams:
Provided that preference shall be given to a
person who is a Brahmacharin.
Explanation:—For purposes of this section, the
expression "Sapthavyasanams' 5 means gambling, addic-
tion to intoxicating liquors and drugs, womanising,
hunting, stealing, abusing others and jealousy.
M ay 23, 1987] ' ANDHRA PRADESH GAZETTE EXTRAORDINARY 39

37. (1) All office-holders and servants attached Punishment


to a charitable or religious institution endowment, £ olVrcsearid shall
be under the control of the trustee; and the servants, trustee
may, after following the prescribed procedure and for
reasons to be recorded in writing, impose fine, or order
suspension, removal, dismissal or any other prescribed
penalty, on any of them for breach of trust, misappropriation
incapacity, disobe-diance of orders, misconduct, violation of
the code of conduct laid down or neglect of duty assigned by
or under this Act or other sufficient cause.
(2) Notwithstanding anything in sub-section(l),
in the case of an office-holder or servant of an insti
tution or endowment whose annual income exceeds
rupees ten lakhs, the power to impose any penalty,
specified in that sub-section shall, subject to such re
strictions and conditions, as may be laid down by the
Government, be exercised by the executive officer
after following such procedure as may be prescribed.

(3) (a) Any office-holder or servant aggrieved


by an order passed under sub-section (1) by the
trustee may, within sixty days from the date of
receipt of the order by him, prefer an appeal to the
Commissioner, ten lakhs, the power to impose any
penalty, specified sioner as the case may be having
jurisdiction, from the order of the trustee;

(b) Any office-holder or servant aggrieved


by an order passed under sub-section (2) by the
Executive Officer, may within sixty days from the
date of receipt of the order by him prefer an appeal
to the trustee.

(4) (a) Any office-holder or servant may, within


sixty days from the dat^ of receipt by him of the
order passed in an appeal filed under clause (a) of
sub-section
40 A NDHRA PRADESH GAZETTE EXT RAORDINARY f PART IV B

( 3 p ) r e, - s f e e c r o a n d a p p e a— l i f s u c h o r d e r i s m a d
( i ) t h e C o m m i s s i o n e r , t o t h e G o v e
( i d ) t h e D e p u t y C o m m i s s i o n e r o r t h
C o m m i s s i o n e r , t o t h e C o m m i s s i o n e r ;
( b )
A - h n o ry l d o o e r f f s i ec re v a n t a g g r i e v e d b y
a n o r d e r o f t h e -s et r c u t s i ot e n e u n d e r c l a u s e (
( 3 ) m a y , w i t h i n s i x t y d a y s f r o m t h e d
h i m o f s u c h o r d e -r , p r e f e r a s e c o n d a p
m i s s i o n e r .
( 5 ) ( a ) W h e r e i t i s n o t i c e d b y t h e
a n iy c - h e o o f l fd e r , o r s e r v a nt a t t a c h e d t o a n i
o r e n d o w m n t e h a s n o t b e e n d e a l t w i t
E x e c u t i v e - s e O c ft if o i c n e r ( 2 u ) ,n . df oe rr as un by o f t h e
l a p s e -s i n s p s e u c b i ~ f si ee de t i o n ( I K t h e t r u s t e e
d i r e s t t h e E x e cn ud te - i r v e s u O b f f i c e r t o t a k e a
s e c t i o n ( 2 ) , f a i l i n -g w h i c h t h e t r u s t e e m
i n g t h e p r e s c r i b e d p r o c e d u r e , i m p o
i n w r i t i n g a n y -o s ef c t th i e o n p e n a l t i e s s p e c i f i e
( l ) ;
( b ) A -h n o y l d oe fr f i oc re s e r v a n t a g g r i e v e d b y
a n o r d e r , p o a r s bs e y d t hb e y Et h x e e c t ur tu i s v t e e e
O f f i c e r , i n p u r s u a n c e o f t h e d i r e c t
c l a u s e ( a ) m a y . w i t h i n s i x t y d a y s f
r e c e i p t o f t h e o r d e r b y h i m , p r e f e r
C o m m i s s i o n e r .
p o w e r 3o (f8 .1 W ) h e
r e i t i s n o t i c e d b y t h e C o m m i s s
^ T p u D t ye C o m m i s s i o n e r o r t h e A s s i s t a n
l l na
* § v j u n s d i c a t i o n t ha a t t t a a c n h y e d o f t f o i c ae n h o l d e r o r s e
i n s t i t u t i o n o r r Z e d S n e w S da i l so t t bu w i m t a e b n l t y h ba ys n o t t e e n
t h e t r u s t e e s i o> n oe r r t o t .h e O iE n xc e e c r u a t s i v t he e c a s e m a
b e d eu r n s e c t i h o o n w e t 3S h l P7 saes e se sf p to e e r ! c a i- f n i ey d o i f n s u b
s e c t i o n ( 1 - i ) j j t ch M e i r r Be t a o i is f n s , i o t h n e e r , C ot h m e D e p u t y
C o m m i s s i o c n a - e s re C s o o m r m t h i e s s Ai o s n s e i s r t a an st t h e c a s e
m a y b e , m o a r y t h d e i r e E c x t e e c t hu e t i v t er u Os t f e f e i c e r t o t a k
a c t i o n u n d e r s e c t i o n 3 7 ,
May 23, 1987 ] A KDHRA PRADESH GAZETTE EXT RAORDINARY- 41

fa iling which t he Commiss ioner, the Deput y Com-


miss ioner or the Assista nt Commiss ioner as t he case
may be, may after following the prescribed procedure,
impose by an order in writ ing any o f the pena lit ies
specified in sub-section (1) of that section on such
office-holder or servant.
(2) Any office holder or servant aggrieved by an
order passed under sub -section (1) may within s ixty
days fro m t he da te o f r ece ip t o f t he order b y him,
prefer an appeal if suc h order is passed by—
(a) the Commiss io ner, to the Government;
(b) the Deputy Commissioner, to the Com
missioner; and
,(c) the Assistant Commiss ioner to the Deputy
Commissioner;
and any order passed in such appeal sha ll be fina l.
39. (1) The Commissioner shall have power to Transfer of
trans fer a ny office ho lder or serva nt at tached to a char i- ^i
table or re ligio us inst itut ion or e ndowme nt, fro m t hat
inst itut io n or endowrae nt to any other inst it ut io n or
endowment in accordance wit h suc h rules as may be
made by the Go vernme nt in t his beha lf.
(2) The Deputy Commissioner or the Assistant
Commissioner as the case may be having j urisd iction
over the area shall have power to transfer any office
holder or servant attached to a charitable or religious
inst itutio n or e ndowment fro m that inst itution or
endowment to any other instit ution or endowment in
accordance with such rules as may be made by the
Government in this behalf.
40. No office-holder or servant of a charitable office hoide it
or religious ihstftution or endowment shall have the and servants
not to be in
possession of
jewels eta
excep t und er
conditions.
S-89—6
42 A NDHRA PRADESH GAZETTE EXT RAORDINARY [ PART IV-B

r i g h t t o b e i n p o -s s e s s i o n o f t i h e j e w
b l e s b e l o n g i n g t o t h e i n s t i t u t i o n o r
u n d e r s u c h c o n d - i t i o n s a n d s a f e g u a r d
c r i b e d .
p o w e r 4 o 1f . ( 1 E) x W e ch ue tr i e v ea n O f f i c e r c o n s i d e r s
^ a n o r d e r o r r e s o l u t i o n p a s s e d b y a t
to imp lement o f Trustees—
resolution of
toBoaSfof fe) kas not been passed in accordance with
Trustees in Law ;
certain cases.
(b) is in excess or abuse of the powers confer-
red on the trustee or the Board of Trustees by or under
the Act, or by any other law;
(c) if implemented, is likely to cause financial
loss to the institution or endowment, danger to human
life, health or safety, or is likely to lead to a riot or
breach of peace; or
(d) is not beneficial to the institution or
endowment;
the Executive Officer may, without implementing such
order or resolution, place the matter before the trustee
or Board of Trustees along with a note pointing out the
objections to the order or resolution and request thp
trustee or the Board of Trustees to reconsider tibfe
order or resolution.
(2) The Executive Officer shall forthwith submit
a report of the action taken by him under sub
section (1) to the Commissioner, Deputy Commis
sioner or Assistant Commissioner, as the case may be*
(3) (a) where the order or resolution is placed
for reconsideration under sub-section (1), the trustee or
the Board of Trustees shall reconsider the order or
resolution having due regard to the objections contained
In the note and pass such further order or resolution as
May 2\ 198? j A NDHRA P RADE SH GAZETT E EXT RAORDINA RY 43

lie or it may deem fit, A copy of every such further


order or resolution shall be sent forthwith to the Com-
missioner, the Deputy Commissioner or the Assistant
Commissioner as the case may be, who may pass such
order as he deems fit;
(b) where after the expiry of sixty days from
the date on which the order or resolution was placed
for reconsideration under sub-section (1) the trustee
or Board of Trustees fails to pass further order or resolu
tion as required under clause (a), the Commissioner, the
Deputy Commissioner or the Assistant Commissioner,
as the case may be, may pass such order as he deems fit;
(c) every order passed by the Commissioner,
the Deputy Commissioner or the Assistant Commis
sioner, as the case may be under clause (a) or clause
(b) shall be final and binding on the trustee or Board
of Trustees and the Executive Officer,
42. (1) Notwithstanding any scheme, judgement, overriding
decree or order of a court, tribunal or other authority *^ c* f
or any custom or usage, governing any charitablt or sbnsofty*
religious institution or endowment the provisions of tills
chapter shall, with effect on-and from the date of the
commencement of this Act, prevail in so far as they relate to
the matters governed by the corresponding provisions in any
such scheme, judgement, decree or order or any custom or
usage and such corresponding provisions, shall thereafter have
no effect.
(2) (a) Any scheme in force at the commence-
ment of this Act, in so far as it relates to matters not
governed by the provisions of this chapter, may at any
time, by order, be modified or cancelled—
(i) where such scheme was settled or modified
by the Commissioner or the Deputy Commissioner, by
such Commissioner or the Deputy Commissioner, as
the case may be ;
44 A NDH RA P RADE SH GAZETT B EXT RAORDINA RY [PA RT IV-8

(ii) where such scheme was settled or modified


by the Court, by such Court on an application made
to it by the Commissioner, the trustee OT any person
having interest:
Provided that before passing an order under this
clause an opportunity shall be given to the trustee or
other person likely to be affected by sUch order;
(b) any person aggrieved by an order under
clause (a) may, within thirty days from the date of
receipt of the order, appeal—
(i) where it is passed by the Commissioner or
the Deputy Commissioner, to the Court;
(ii) where it is passed by the Court, to the
High Court.

CHAPTER-IV
REGISTRATION OF CHARITABLE AND RELI-
GIOUS INSTITUTIONS AND ENDOWMENTS,
Registration
of Chari table
43. (1) The trustee or other person inchaxge of the
and Religious management of every charitable or religious institution
Institutions
an<" Endow- or endowment shall, in the case of an institution or
ments, endowment in existence at thie conammceme nt of this
Act, within ninety days from such cominenceinent;
and in the case of an institution or endowment found
after such commencement, within ninety days of such
founding make an application for its registration to the
Assistant Commissioner within whose sub-division such
institution or endowment is situated:
Provided that the Assistant Gomnaissioner may, for
sufficient cause, extend the time for making the applic**
M ay 23, 198? A NDHRA PRADESH GAZETTE EXT RAORDINARY 45

(2) (a) Where an endowment is situated in the


sub-divisions of two or more Assistant Commissioners,
the trustee or other persons inchrge of the manage -
ment of the endowment shall apply for registration to
any one of such Assistant Commissioners;
(b) On receipt of such application, the Assis -
tant Commissioner concerned shall refer the matter to
the Commissioner who will decide as to which of the
Assistant Commissioners shall register the endowment
and there upon the application shall be entertained by
such Assistant Commissioner.
(3) Notwithstanding anything in sub-section (1),
no application for registration shall be necessary in the
case of any institution or endowment which was duly
registered and entered in the book of endowments,
before the commencement of this Act, under the
Andhra Pradesh Charitable and Hindu Religious Insti -Act}7of
tutions and Endowments Act, 1966. 1966.
(4) Every application made under sub-section
(1) shall contain the following particulars/namely—
(a) in the case of a religious institution or
endowment, its origin, nature and denomination; in
the case of a charitable institution or endowment, its
date of commencement, objects, nature and particulars
regarding beneficiaries* if any;
(b) name of the founder, if any, and the names
of the past and: present trustees;
(c) particulars of the institution or endowment
and of the grant, the scheme of administration, munta-
kab, decree or any other record of rights pertaining to
the founding of the institution or endowment;
(d) names of all offices to which any salary is
attached and the nature, time and conditions of service
46 A NDH RA PRADE SH GAZETT E EXT RAORDINARY [PART IV-B

ill each case and the names of the present holders


thereof;
(e) names of Sthan^charyas, archakas, adhya-
pakas, Vedaparayanikas and such other persons,
responsible for performing worship and other religious
service in the institution and the particulars regarding
their salaries;
(f) particulars of the immovable and movable
properties including jewels, gold, silver, precious stones,
vessels and utensils belonging to the institution or endow
ment with their estimated value and the moneys and
securities and of the annual income therefrom;
(g) particulars of all title-deeds and other
documents relating to the properties belonging to
the institution or endowment;
(h) in the case of religious institution, particu-
lars of the idols and other images in the institution or
connected therewith, whether intended for worship or
for being c'arried in procession;
(i) particulars regarding rights of a special
nature, if any, the names of the holders thereof and the
customs/usages and practices in force in connection
therewith;
(j) charges, liabilities and other actionable
claims, outstanding against the institution or endowment
on the date of registration, whether under decree of a
court or order o£ the Government or other competent
authority or otherwise;
(k) a brief account of the Mstoiy, legend*
sthalapuranam, and the artistic, architectural or arch-
aeological significance of the institution or endowment
and other particulars of a like nature;
May 23, 1987 ] A NDHRA PRADE SH GAZETT E EXT RAORDINARY 47

(1) details of the fairs, festivals, daily and


periodical worships, service and other religious ceremo-
nies connected with the institution or endowment and
the particulars of dittam fixed therefor; and
(m) such other particulars as may be prescri -
bed.
(5) On receipt of the application, the Assistant
Commissioner shall, after making such enquiry as he
thinks fit and hearing any person having interest.in the
institution or endowment, pass an order directing its
registration and grant to the trustee or other person a
certificate of registration containing the particulars
furnished in the application with the alterations, if any,
made by him as a result of his enquiry,
(6) The particulars relating to every institution
or endowment contained in the certificate of registration
granted under stib-section (5) shall be entered in "the
register of institutions and Endowments," (hereinafter in
this chapter referred to as the "Register") which shall be
maintained by the Assistant Commissioner in respect of
all institutions and endowments situate within Ms sub
division and one copy of the entries made in such regis
ter relating to every institution or endowment shall be
furnished to the Deputy Commissioner having jurisdic
tion and another copy to the Commissioner.
(7) The register shall be divided into two parts,
one for charitable 'institutions and endowments and the
other for religious .institutions and endowments.
(8) The Assistant Commissioner shall also enter
in the register maintained by him under sub-section (6),
all the particulars contained in the Book of Endowments
or, as the case may be in the fepitser relating to every
institution or endowment which was registered or
deemed to have bean registered before the Commence
ment of this Act under the Andhra Pradesh Charitable
A NDIIRA PRADESH GAZETTE EXIRAORD?NARY (PART IV-B

Hindu Religious Institutions and Endowments Act,

Provided that if the book of Endowments or the


aforesaid register does not contain all or any of the
particulars required to be furnished in the appl ication
for registration under sub-section (4), the Assistant
Commissioner shall call for such information relating
to such particulars from the trustee or other person
incharge of the management of such institution or
Endowment and after making such enqui ry as he
deems fit shall make necessary entries in the register
maintained by him under sub-section (6).
(9) In the case of every institution or endowment
in respect of which no application for registration is
required under sub-section (3), the Assistant Commis-
sioner shall grant a certificate of registration to the
trustee or other person in-charge of the management
of such institution or endowment containing all the
particulars pertaining to it as entered by him under sub-
section (8) iti the register mai ntained by him under sub-
section (6).
(10) The trustee or other person incharge of
the management of an institution or endowment or his
authorised agent shall report to the Assistant Com-
missioner every year the alterations, omissions or
additions in the particulars, relating to the institution
or endowment and shall also send to him once in
three years the certificate of registration granted to
him under sub-section (5) or sub-section (9) together
with a statement of such alterations, omissions or
additions as may be necessary to the said certificate
and the Assistant Commissioner shall thereupon make
such enquiry as he deems fit and amend the certificate
wherever necessary and return it to such trustee or
other person and shall also take necessary amend-
ments in this regard in the register maintained by
May 23, 1987 J A NDHKA PRADESH GAZETT E EXT RAORDINARY 4?

him under s ub- sect io n (6). A copy o f s uc h a me nd -


ments shall be furnished to the Deputy Commissioner
having jurisdiction and another copy to the Commis -
sioner.
(11) Where any trustee or other perso n a fore said—
(a) fa ils to app ly for re gistra tio n o f a n inst i
tution or endowment within the time specified in sub
sectio n (1) ;
(b) fa ils to report the alterations, omiss ions or
addit ions or to send the cer t ifica te o f registra tio n as
required in sub- sectio n (10); or
(c) furnis hes or causes to be furnis hed to the.
Assistant Commissioner, any particulars which are
false and which he either knows or believes to be false
or does not belie ve to be true;
he s ha ll be p unis hab le wit h fine whic h may e xte nd
to out thousand rupees.
44. Where any trustee or other person in-charge of powers o(
the management of a charitable or religious institu - Commissio-
w ne r
, M i > i . • t o have
tion or endowment fails to apply for the registration the msti tu-
of the institution or endowment, the Commissioner, shall endoumeac
give notice to the trustee or the other person aforesaid registered.
to make an application in that regard within a specified period
and if he fa ils to make s uch app licatio n within t he p eriod
specified, t he Commiss io ner ma y have t he inst it ution or
endowment registered after following the prescribed procedure
and recover the cost inc urred for suc h registratio n fro m t he
funds of s uc h institut io n or endowment.
45. (1) Any person aggrieved by an entry or cm is- A sion to
make an entry in the register "maintained i ider ^tre>Sor d to section 43
may apply to the Deputy Commissioner for ^ scsi^to modification or
annulment of such entry, or for cirec- entry in°the t ing the mak ing
of such entry, as tba case maybe. re ® iste r-
50 ANDHKA PRADE SH GAZETT E EXT RAORDINARY [PA RT IV-B

( 2 O) n r e c e i p t o t h ef pa p l i c a t i o n t h e D e
C o m m i s s i o n e r m y , a a f t e r m a k i n g s u c h e n q
b e n e c e s s a r y , p a s s s u c h o r d e r a s h e m a y
T h e o r d e r s su o b j p e a c s t s t e o- d o t f hs he a p l lr , o v i s i o n s
s u- s be c t i o n ( 3 ) , b e f i n - a; l ; a n d t h e A s s i s t a n t C o
n e r s h a l l a m e n d t h e e n t r y i n t h e r e g i s t e r
u n d e r s e c t i o n 4 3 i n a c c o r d a n c e t h e r e w i t h .
( 3 W) h e r e a n y s u i co t h h ea p p l i c a t i o n r e l a t e s
r i g h t c l a i m e i nd rb e y s pt h e e c t a op fp l s i uc ca hn t e n t r y
o r o m i s s i o n , t h e D e p u t y C o m m i s s i o n e r s h
i n t o a n d d e c i d e t h e q u e s t i o n a s i f i t w e r e a d i
i n t h e m e a n i n g o f s e c t i o n 8 7 a n d t h e p r o v
C h a p t e r -X I I s h a l l a p p l y
l o at r h o e ^ -6 ( 1 ) T h e Ai o s n s e i sr t a nm t a C y o o m n m a i n s s
r e g i as - t ea r p p m l i ac a t i o n m a d e t o h i m i n t h i s b e h a l f , f u
S i t - e P s Pe c ' i c a n t c o p i e s o f a n y e x t r a c t s f r o m t
d o n 4 3 t o m a i n t a i n e d u ben d e r s e c t i o n 4 3 o n p a y m
furnished. as may be pre scribed.
( 2 S) u c ih e , s c m o pa y b e c er t i f i e d i n t h e m a n n e r
f o f0 * w Pz r o v i d e d i n s e c t i o n 6 7 o f t h e I n d i a E v i d e n c
( 3 I) t s h a l l , u n t i l t h e c o n t r a r y i s e s t a b l i s h e
p r e s u m e d t h a t a l l p a r t i c u l a r s e n t e r e d i n t h
m a i n t a i n e d u n d e ri f s i e cd t i o n 4 3 a r e g e n u i n e ,
c o p y o f a n e n t r y i n t h e r e g i s t e r m a i n t a i
s e c t i o n 4 3 s h a l l b e a d m i s s i b l e i n e v i d e n c e i n
a n d h a v e t h e s a m e e f f e c t t o a l l i n t e n t s a s t h
e n t r y i n t h e r e g i s t e r o f w h i c h i t i s a c o p y .

C H A — VP T E R
M a t h s a n wd m s p e e n c t si f ia c t t ea nc hd eo d t h e r e t o .
B ^ n i t i o a , 4 7 . I n t h i s c h a p t e r , u n l e s s t h e c
r e q u i r e s , " M a t h a d h i p a t h i " m e a n s a n y p e r s
k n o w n a s m o h a n t o r b y a n y o t h e r n a m e , i n
May 23,1987] ANDHRA PRADESH GAZETTE EXTRAORDINARY 51

a d m i n i s
t r a t i o n a n d- m a n a g em e n t o f a m a t h
c i f i c e
d o w n m e n t a t t a c h e d t o a m a t h a r e v e s
4 8 T. h e p r o v i s i o n s o f s - e c t i o n s 1 8 , 1 9 , 2 0 , 2 1 , c
2 2 , 2 5 a n d 2 8 s h ac l l c nh ao tp t a e p r p ml y t o m a t h o r s p e
e n d o w m e n t a t t a c h e n do t t o h ae p rp el y t o .
to maths or,
specific en-
dowments
attached
thereto.
49. (1) The mathadhipathi of every math or Fixation
specific endowment attached thereto shall submit of dittarn
to the Commissioner within a period of ninety days
from the date of commencement of this Act, or the
date of founding of such math or specific endowment,
proposals for fixing the dittam in the math or specific
endowment and the amounts to be spent therefor:
Provided that the Commissioner may extend
the time for the submission of such proposals:
Provided further that this sub-section shall not Act, n apply
to any math or specific endowment in respect of 1966 of which
proposals were submitted to the Commissioner under the
Andhra Pradesh Charitable and Hindu Religious
Institutions and Endowments Act, 1966, before the
commencement fo this Act.
(2) The mathadhipathi shall, while submit
ting his proposals under sub-section (1), have due
regard to the established usage, if any of the math
or specific endowment, the performance of the cer
emonies and services, the observance of festivals,
worships and the like, appropriate to the religious
denomination to which the math or specific endow
ment belongs and to the financial position thereof.
(3) The mathadhipathi shall at the time of
sub-mission of proposals under sub-section (1) pub
lish such proposals on the premises of the math
or specific endowment and in such other manner
as the Commissioner may direct together with a
notice stating
52 ANDHRA PRADESH GAZETTE EXTRAORDINARY [P A RT IV-B

that within thirty days from the date of such


publication any person having interest may submit
his objections or suggestions, to the Commissioner.
(4) After expiry of the period specified in sub
section (1), the Commissioner shall scrutinise such
proposals and the suggestions made by persons hav
ing interest and if on such scrutiny he thinks that the
dittam as proposed by the mathadhipathi should be
modified having regard to the matters specified in
sub-section (2), the Commissioner may call for the
remarks of the mathadhipathi who shall send his
remarks within such time as may be specified by
the Commissioner.
(5) If after considering the remarks of the
mathadhipathi received under sub-section (4), the
Commissioner is of the opinion that any modification
is required in the dittam he shall refer the matter
to the court for its decision and the decision of the
Court shall subject to section 91, be final.
(6) The dittam for the time being in force in
a math or specific endowment shall not be altered
by the mathadhipathi;
Provided that the Commissioner may at any
time for reasons to be recorded in writing suggest
to the mathadhipati to alter the dittam and the
procedure for such alteration shall be the same as
laid down in sub-section (2), (3), (4) and (5):
Provided further that where the mathadhipati
does not comply with any suggestion aforesaid, the
Commissioner shall refer the matter to the Court
for its decision and the decision of the court shall
subject to section 91 be final.
Padakanukas 50. (1) The Mathadhipathi shall maintain regular
pother accounts of receipts of padakanukas or other personal
May 23, 1987 J A NDHRA PRADESH GAZETTE EXT RAORDINARY 53

gifts of property made to him as the head of the Math


and lie shall be ent it led to spend, at his discretion for
any p urpose whic h is connec ted with t he objec ts o f
the math a nd propagat io n o f Hi nd u Dhar ma.
(2) Any padakanuka or other personal gift
which rema ins und isposed o f dur ing the life time o f
tiie mathadhipathi shall devolve on the math as its
assets.
(3) In the c ase o f gifts o f proper t y or mo ne y
made to t he ma thad hipa t hi no t as pe r so na l gifts b ut
as gifts intended for the bene fit of the main, the
mathadhipathi, sha ll keep accounts of all receipts and
disbursements of such gifts and shall cause such
accounts to be produced before the Commiss ioner or
a:iy person authorised by him in this behalf whenever
so required.

Exp la na t io n:—Any gift o f p rope rty or mo ney


made to the Mathadhipathi sha ll, unless it is specified
by the do nor as pad aka nuka or pe rso na l gift, be
presumed to be gift inte nded for t he be ne fit o f t he
math.
51. (1) The Commiss io ner ma y s uo motu or on Re mova l o f
an application of two or more persons having interest jSli a dhl *
init iate proceedings for removing a mathadhipathi or a trustee of
a specific endowment attached to a mat h, if he—
(a) is o f unso und mind;
(b) is s uffer ing fro m any phys ica l or me nta l
defect or infir mit y which re nders him unfit to be a
ma ihadhipatM or suc h trus tee;
(c) has ceased to profess the Hind u re ligio n
or the te nets o f the math;
5 4 A N D P HR RA AD G A E Z S EE XH T T T R E A O [ \P a R I r - D VB I N A R Y

(d) has been sentenced for any offence involv-


ing moral turpitude, such sentence not having been
reversed;
(e) is guilty of breach of trust, or mis -appropri
ation in respect of any of the properties of the math;
(f) commits persistent and wilful default in
the exercise of his powers-or performance of his func
tions under this Act;
(g) violates any of the restrict ions imposed or
practices enjoined by the custom, usage or the tenets
of the mat h, m relat ion to his personal conduct, Such
as celibacy, renunc iation and the like;
(h) leads an immoral life; or
(i) fails or ignores to imple ment the principles
set o ut in c la use (17) o f sec t io n 2.
(2) The Commiss ioner sha ll frame a charge on
any of the grounds specified in sub-section (1) against
the mathadhipathi or trustee concerned and give him an
upperiunit y o f meet ing s uch c harge, of test ing the
evidence add uced and o f adduc ing evidence in his
t'avout. After considering t he evidence adduced and
other material before him, the Commissioner, may, by
order exonerate the mathadhipathi or trustee, or remove
him. Every such order shall state the charge framed
against the mathadhipathi or the trustee, his explana -
tion and the find ing on such charge together with the
reasons therefor:
Provided that in the case of a math or specific
endowme nt attached thereto whose annual inco me
exceeds rupees one lakh, the order of remova l passed
by the Commiss io ner aga inst t he mat hadhipat hi or
trustee shall not take effect unless it is confirmed by the
Government
May 23, 1987 J A NDHRA PRADESH GAZETTE EXT RAORDINARY 5$

( 3 P) e n d i n g t h e p a s s i n g o f a n o r d e r u n d e r s u b
s e c ( t i2 o t ) n h , e C o m m i s s i o n- e r m a y s u s p e n d t h e m a t h a
d h i p a t h i o r t h e t r u s t e e .
( 4 ( )a ) A n y m a t h a d h i p a t l i i o r t r u s t e e a g g r i e v e d
b y a n o r d e Cr o pm a m s s i e s ds i ob n y e t r h e u n d e r s u b
s e c t i o n ( 2 ) m a y , w i t h i n n i n e t y d a y s f r o m t h e d a t e
r e c e i p t o f s u c h o r d e r , i n s t i t u t e a s u i t i n t h e
a g a i n s t s u c h o r d e r ;
( b ) A n a p p e
a l s h a l l l i e t o t h e H i g h C o u r
w i t h i n n i n e t y d a y s f rr o m t h e d a t e o f a d e c r e e o r
o f t h e C o u r t i n s u c h s u i t .
5 2 . ( 1 ) W h e r e a t e m p o r a r y v a c a n c y o c c u r s i n t
o f f i c e o f t h e m a t h a d h i p a t h i a n d t h e r e i s a d i s p u t
r e g a i d t o t h e r i g h t o f s u c c e s s i o n t o s u c h O f f i c
w h e r e t h e m a t a h n a d d h h i p a sa t h n i o j i ^ s a m i n o r
g u a r d i a n f i t a n d w i l lt ih n e g t o a c t a s g u a r d i a n , o r w
m a t h a d h i p a t h i i s s u e n c dt ie o r n s (u 3 s ) p e n s i o n u n d e r s u b
o f s e c t i o n 5 1 t h e i sC so a m t i ms f i i s e s d i o n e r s h a l l , i f h e
a f t e r m a k i n g a n a i nn q u i r y i n t h i s b e h a l f
a r r a n g e m e ni s t t r f a o t ri o nt h e o i f ta s d t h m e i n m a t h a n d
e n d o w m e n t o r o f t hc e a j e s p e c i f i c e n d o w m e n t , a s
m a y b e , i s n e c e s s a rh y e , m a k e s u c h a
r r a n g e m e n
t h i n k s f i t u n t i l t h e dc e i s a a s be si l i t y o f t h e m a t h a d h i p a t
o r a n o t h e r m a t h a d h a i sp a t t h h e i s u c c e e d s t o t h e o f f i c e
c a s e b me ,a y

( 2 I) n m a k i n g a n y s u c h a r r a n g e m e n t , t h e C o m
m i s s i o n e r s h a l l h a v e d u e r e g a r d t o t h e c l a i m s , i f a n
t h e d i s c i p -l e s o f t h e m a t h

( 3 N) o t h i n g i n t h i s s e c t i o n s h a l l b e d e e m e d t o
a f f t x t a n y t h i n g i n t h e A n d h r a P r a d e s h ( A n d h r a A
C o u r t o f W a h r ed s A cn t d , h 1 r 9 a 0 P 2 r aa d n ed s t h A c t ? o f 1 9 0 2
( T e l a n g a n a A r e a ) C o 1 u 2 r 5o t f 0 o ? f W a r d s A c t , 1 3 5 0 F .
b6 A NDHRA P RADESH GAZEn a EXT RAORDINARY [PART

5
pwmanent ^- O) Where a permanent vacancy occurs in the
vacancies ?> office of the Mathadhipathi, by reason of death or
mathadi- e ° resignation or on account of his removal under sec-
pjthi. tion 51 or otherwise the person next entitled to succeed,
according to the rule of s uccession la id down by the founder,
or where no such rule is la id down, according to t ht usage or
custo m o f the mat h, or where no suc h usage or custom exists
according to the law of succession, for the time being in force,
shall wit h the permissio n of the Commiss ioner succeed to the
office of the Mathadhipathi.
(2) A person for succession to the office of the
mathadhipathi under sub-section (1) shall possess the
following qualifications, namely:—
(a) basic knowledge of the Hindu Religion
and philosophy;
(b) knowledge of the relevent scriptures and
samprada ya to which t he math be lo ngs;
(c) capacity to impart the knowledge and
preach the tenets of the math to the disciples;
(d) religious temperxnent with implic it faith
in discipline and. practice; and
(e) unquestionable moral character. Nomination
54 (1) Subject to the provisions of section 53, a
of nuttiadhi- . «. , . _, r

pa hi. ma ma d liip at hi ma y no mina te his s ucce sso r. The fa ct


of such nomination shall be intimated to the Commis-
sioner, within ninety days of such nomination and the
Commiss ioner may recognise such nomination. A
nomination shall not be complet e unless it is recognised
by the Commiss ioner. The conditions for recognit ion
shall be suc h as ma y be prescribed.
23, 1987] ANDHRA PRADESH GAZETTE EXTRAORDINARY 51

(2) Where a Mathadhipathi fails to nominate


nis successor under sub-section (1) or where there is no
mathadhipathi, the Comniissioner or any officer autho -
rised by him shall after due publication convene a
meeting with the mathadhipathis of other maths of
the same sampradayam and the disciples of the math and
recognise the person nominated, in such meetings as a
mathadhipathi subject to the provisions of this Act.
The procedure for convening the meeting and method
of publication shall be such as may be prescribed.
55. (1) Where the Commissioner either suo-xnotu or c52n£ upon
a report submitted by the Deputy Commissioner sioner to or the
Assistant Commissioner having jurisdiction, fram€Svlleme has reason
to believe that the affairs of the math and its properties are being
mismanaged, funds are being misappropriated, or that there is 4
gross neglect of duty on the part of the mathadhipathi, he may
after making such enquiry as may be prescribed order to frame a
scheme of administration, of a math arid the specific endowment.
(2) A scheme of administration framed under
sub-section (1) may contain provision for—-
(a) appointing or directing the appointment of
an Executive Officer;
(b) constituting a committee consisting of not
more than five persons for the purpose of assisting in
the whole or any part of the administration of all the
endowments of such math or of specific endowment:
Provided, that the members of such Committee shall
be chosen from among such persons having interest
in such math or endowment;
(c) determining the powers and duties of such
committee; and
5& A N H H RA P RA D FS H GA Z JH TH E XTRA O RD I N A R Y ( P A R T I V-B

(d) any other relevant matter incidenta l to the


framing of such scheme.
(3) Until a scheme is framed under sub-section (1)
the Commissioner may appoint a fit person to manage
the properties of math and its endowment
(4) The Commissioner, after consult ing the
mathadhipathi and other persons having interest, and
after making such enquiry as may be prescribed may by
order modify or cancel the scheme settled under sub -
seerion (1).
(5) Every order passed by the Commissioner
under sub-section (1) and sub-section (4) shall be
published in the manner prescribed.
(6) Any person aggrieved by the order of the
Commissioner passed either under sub-secuon (1) or
under sub-section (4), may, with in sixt y days from the
date of publication of the order, prefer an appeal to the
Court.

CHAPTER-VI
Dharmadayam
56. (1) All sums of Dharmadayam shall vest in the
dayam.a " poison charging or collecting the same as a trustee.
(2) Such trustee shall before the 15th May of
every year furnish in respect of every Financial year the
particulars of the amounts charged or collected, to the
Commissioner.
(3) The Commissioner shall have power to make
such enquiry as he thinks fit to verify the correctness of
the accounts submitted and to take such steps as may
be necessary for the utilisation of the amount for chari
table or religious purposes:
M ay 2 3, 19 87] ANDHRA PRADESH GAZETTE EXTRAORDINARY
59

Provided that no amount charged or collected


for a specific 'charitable religious purpose shall be
utilised for any purpose other than one for which it
was charged or collected.
(4) The provisions of Chapter III other than,
sections 23, 24, 28 and 29 and Chapter IV shall not
apply to Dharmadayam.
(5) Where any person charging or collecting
such sums fails to submit accounts under sub-section
(2), the Commissioner shall require the person to
furnish to him the accounts within a specified pe
riod and if the person fails to furnish accounts on
such requisition within the period specified, he shall
be punishable with fine which may extend to one
thousand rupees.
CHAPTER - VII Budget,
Accounts and Audit

57. (I) The trustee of every charitable or reli- Budget of


gious institution or endowment shall, ninety days ^^
before the close of every financial year, submit in such
form as may be specified by the Commissioner, a budget
showing the probable receipts and dis-v bursements of the
institution or endowment during the following year-
(i) to the Commissioner, if it is included in
the list published under clause (a) or clause (d) of
section 6;
(ii) to the Deputy Commissioner, if it is included in
the list published under clause (b) of section 6:
60 A XDHRA PRADESH GAZETTE EXT RAORDINARY (PART XV-B

(Hi) to the Assistant Commissioner, if it i$


included in the list published under clause (c) of
section. 6.
(2) (a) Every budget shall make an adequate
provision for—
(0 the due rnaiiwcnance of the objects of the
institution or endowment and the proper performance
of and the remuneration for, the services therein,
including the dittam for the time being in force:

Provided that the salaries of the religious and


secular establishment shall not exceed thirty per cen-
tum of its annual -income calculated under section
65;
(ii) the due discharge of ail liabilities and
subsisting commitments binding on the institution
or endowment;
(Hi) the maintenance of the working balance;
(iv) the arrangement to be made for securing
the health, safety of convenience of the disciples,
pilgrims, worshippers or other persons resorting to
the institution or endowment :
Provided that in the case of an institution or endow-
ment whose annual income exceeds twenty thousand
rupees, the provisions made under this item shall not
be less than forty per centum of the balance of the
inconie for the financial year remaining after making
provision for item (i), (ii) and (iii) above;

(v) the contribution to the reserve fund of


the institution or endowment at ten per centum of the
^balance referred to in the proviso to item (iv> above;
May 23, 1987 ] A NDHRA PRADESH GAZETTE EXT RAORDINARY 61

(yi) the construction, repair, renovation and


improvement of the institution or endowment and the
buildings connected therewith:

Provided that in the case of an institution or endow-


ment whose annual income is not less than rupees
one lakh, the provision made under this item shall not
be less than thirty per centum of the balance of the
income for the financial year remaining after making
provision for items (i), (ii), (iii) and (iv) above.

(b) Whore the budget relates to an institution


or endowment whose annual incoire exceeds fifty
thousand rupees, the budget shall also make provi -
sion for the payment at five percentum of the balance
referred to in the proviso to item (iv) of clause (a),
to the Common Good Fund.

(3) The Commissioner, the Deputy Commis"


sioner or the Assistant Commissioner, as the case may
be, may after giving notice to the trustee In the pres
cribed manner and after considering his representa
tion, if any, pass an order making such alterations,
omissions or additions in the budget as he mav deem
fit.

(4) If, in the course of a financial year, t he


trustee finds it necessary to modify the provisions
made in the budget in regard to the receipt or to the
distribution of the amounts to be expended under the
different heads, he may submit to the Commissioner,
the Deputy Commissioner, or the Assistant. Com
missioner, as the case may be, his supplemental or
revised budget. The Commissi&nef, the Deputy
Commissioner or the Assistant Commissioner, as the
case may be, may make such alterations, omissions
or additions therein as provided in sub -section (3)
62 ANDHRA PRADESH GAZETTE EXTRAORDINARY [PART IV-B

b u t s o a s n o t t o a f f e c t t h e a m o u n t a l l o t t e d
t h e b u d g e t u n d e r t h e i t e m s ( i i ) a n d ( i i i ) o f c l
( a ) o - s f e s c u t bi o n ( 2 ) .

( 5 ) T h e t r u s t e e s h a l l r e p o r t f o r t h w i t h e v e r y
e x p e n d i t u r e x c i en s c s u r o r fe d t h i e n pe r o v i s i o n s
m a d e i n t h e b u d g e t t o- g e t h e r w i t h t h e r e a s o n s t h
f o r t o t h e C o m m i s s i o n e r , t h e D e p u t y C o m m i s s i
o r t h e A s s i s t a n t C o m m i s s i o n e r , a s t h e c a s e m a y
w h o m a y r a t i f y s u c h e x c e s s e x p e n d i t u r e .

A c c o 5u 8n .t s ( 1 ) T h e
E xa el l c k u et i- e v p e r Oe
g f fu i c e r s h
a n d \AM a u c o dC u i tn t s o f
a l l r e c e i p t sa n d d i s b u r s e m e n t s , f o r
e a c h f i n a n c i a l y e a r s e -p a r a t e l y i n s u c h f o r m a n d
t a i n i n g s u c h p a r t i c u l a r s a s m a y b e s p e c i f i e d b y
C o m m i s s i o n e r .

( 2 ) ( a ) T h e a c c o u n t- s o f e v e r y c h a r i t a b l e o r r e
l i g i o u ts i o i nn s ot i r t u e n d o w m e n t , t h e a n n u a l i n c o m e
o f w h i c h a s c a l c u l a t e d f o r t h e p u r p o s e o f s e c
6 5 f o r t h e f i n a n c i a l y e a r i m m e d i a t e l y p r e c e e
e x c e e d s r u p e e s o n e l a- k h , s h a l l b e s u b j e c t t o c o n
r e n t a u d i t , t h a t i s t o s a y , t h e a u d i t s h a l l t a k e p
a s a n d x wp e h n e d n i t e u r e i s i n c u r r e d .

( b T) h e a c c o u n t s o
f e v e r y o t h e r i n s t i t u t i o n
o r e n d o w m e n t , t h e a n n u a l i n c o m e o f w h i c h c a l
l a t e d a s a f o r e s a i d f o r t h e f i n a n c i a l y e a r i m m e d i a t
p r e c e e d i n g i s n o t l e s s t h a n f i v e t h o u s a n d r u p e
s h a l l b e a u d i t e d am n i n s us ia o l ln y e , r o r i f t h e C o m
s o d i r e c t i n a n y c a s e , a t s h o r t e r i n t e r v a l s .

( c T) h e a c c o u n t s o f a n y c h a r i t a b l e o r r e l i
g i o u s i n s t i t u t i o n o r e n d o w m e n t , t h e a n n u a l i n c o
o f w h i c h c a l c u l a t e d a s a f o r e s a i d f o r t h e f i n a n c
y e a r i m m e d i a t e l y p r e c e e d i n g i s l e s s t h a n f i v e t h o
s a n de e r su , ps h a l l b e a u d i t e d a n n u a l l y b y a n o f f i c e r
s u b o r d i n a t e t o t h e A s s i s t a n t C o m m i s s i o n e r a n d
p u t e d b y h i m f o r t h e p u r p o s e .
May 23, 1987 ] A XDHRA P RADESH GAZETTE EXT RAORDINARY 43

(3) The audit referred to ia clauses (a) and (b)


of sub-section (2) shall be made by the agency referred
to in section 63.
59. After completing t he audit for any financi al ^^
year or shorter period, or for any transaction or, audit report
series of transactions, as the case may be, the aiiditor ^ r ^te d
shall send a repot t —

(f) to the Commissioner in respect of the


institutions included in the lists published under
clause (a), clause (d) and clause (e) of section 6 ;

(ii) to the Deputy Commissioner in respect


of institutions included in the list published under
clause (b) of section 6 ; and

(Hi) to the Assistant Commissioner in respec t


of institutions included in the list published un der
clause (c) of section 6.

60. (1) The auditor shall specifv in his report all Contest? of
„. , .,, , . »: audit report.
cases of irregular, illegal or improper expenditure or
of failure to recover moneys or other property due to
the charitable or religious institution or endowment
or of loss or waste of money or other property thereof,
caused by neglect or misconduct or misapplication or
collusion or fraud or breach of trust or misappropria-
tion on the part of the trustee or of any other pe rson.

(2) The auditor shall also report on such other


maiters relating to the accounts as jnay be prescribed
or on which the Commissioner, Deputy Commissioner
of Assistant Commissioner, as the case may be, may
require him to report.
64 A JNDHJU PRADESH GAZETTE EXTRAORDINARY [PART IV-B

gj; ffe Commissioner, the Deputy Commis-


o f d efe c t - M • - A . ■—, * . i
audits, etc. sioner or the Assistant Commissioiier, as the case may
be, shall send a copy of every audit report relating to
the accounts of a charitable or religious institution or
endowment to the Executive Officer and it shall be the
duty of such Executive Officer to remedy within the
time specified in this behalf the defects or irregula-
rities pointed out by the auditor and report the same
to the Commissioner, the Deputy Commissioner, or
the Assistant Commissioner, as the case may be,

(2) Where on a consideration of the audit report


received by him under clause (i) of section 59 and the
rep art of the Executive Officer thereon received by
him under sub-section (1) of-this section and after
such enquiry as may be necessary, the Commissioner
thinks that the trustee or any other person was guilty
of illegal expenditure or of loss or waste of money or
other property thereof caused by misconduct, mis
application, collusion, fraud, breach of trust, mis
appropriation or negligence, he may, after giving
notice to the trustee or such person to show cause why
ap order of surcharge should not be passed against
him and after considering his explanation, if any, by
order, certify the amount so spent or the amount or
value of the property so lost or wasted and direct the
trustee or such person to pay within a specified time
such amount or value perso nally and not from the
funds of the institution or endowment.

(3) Where on a consideration of the audit report


received by him under section 59 and the report of the
Executive Officer thereon received by him under sub-
sectioa (1) of this section and after such enquiry as
may be necessary, the Deputy Commissioner or the
.Assistant-Commissioner, as the case may be, thinks
that the trustee or any other person was guilty of
illegal expenditure, or of loss or waste of money or
May 23,1987] A NDHRA P RADE SH GAZET T E EXT RAORD INARY 65

other property thereof, caused by misconduct,


application, collusion, fraud, breach of trust, mis -
appropriation or negligence, he shall report to the
Commissioner, and the Commisioner may, after
giving notice to the trustee or suGh person to show-
cause why an order of surcharge should not be passed
against him and after considering his explanation if
any by order, certify the amount so spent or the
amount or value of the property so lost or wasted,
and direct the trustee or such person to pay within
a; specified time such amount or value personally and
not from the funds of the institution or endowment.
(4) The Commissioner shall send a copy of the
order under sub-section (2) or sub-section (3)—
with the reasons for the same by regis*ered post to
the trustee or the person concerned.
(5) An order of surcharge under sub-seution (2)
or sub-section (3) against a trustee or other person
shall not bar a suit for accounts against him except in
respect of the matter finally dealt with by such order.

(6) Where the Commissioner is satisfied that


the trustee or othei person with intent to defeat or
delay the execution of any order that may be made
under sub-section (2) or sub-section (3) —

(a) is about to dispose of the who le or any


part of his pro pert y : or

(&) \§ about to remove the whole or any part


of his property from the jurisdiction of the Commis -
sioner, ths Commissioner may by an order direct the
trusted or other person within a time to be fixed by
him either to fiirnish security in such sum as may be
specified in the order ar to produce and place at his
66 ANDHRA PRADESH GAZETTE EXTRAORDINARY [PART IV-B

disposal when required, the said property or the


value of the same or such portion thereof as may be
sufficient to satisfy the order or to appear and show-
cause as to why he should not be asked to furnish
security. The commissioner may also in the order
direct conditional attachment of the whole or any
portion of such property in the manner prescribed.
Rectification 62. Without prejudice to the provisions of sec-
of defects
detected by tion 61, where the Commissioner either suo motu
Commi-
ssioner or on a report made by the Deputy Commissioner,
the Assistant Commissioner or any other officer has
reason to believe that the trustee or any other per-
son was guilty or illegal expenditure or of causing
loss or waste of money or other property, by miscon-
duct misapplication, collusion, traud, breach of trust,
misappropriation, or negligence, *the Commissioner,
may after such enquiry as may be necessary and
after giving an opportunity to the trustee or other
person concerned to make his representation-
(i) Pass an order directing conditional at-
tachment of the whole or any portion of the property
of the trustee or other person;
(ii) institute such criminal proceedings as
may be necessary; or
(iii) pass an order of surcharge after obtain-
ing an audit report in this behalf.
Agency
to audit
63. The Government shall specify the agency
accounts. for the purpose of carrying out the Audit referred to
in clauses (a) and (b) of sub-section (2) of section 5
23* 198? 3 A NDHRA PRADESH GAZ£IT H EXT RAORDINARY 6?

64. ft shall be the duty of the trustee of the Bacy of


charitable or religious institution or endowment con- g^n t0
cerned and -ill officers and servants working under assistance_
him, his agent and any person having concern in the |>t^f^
administration of the institution or endowment,, to produce
or cause to be produced before the auditors, all accoaats,
records; correspondence, plans, other documents and
property including monies relating to the institution or
endowment to furnish them with such information as may
be required, and to afford them all such assistance and
facilities as may be necessary for the audit of the
accounts of the ins -titusioji or endowment.

CHAPTER—VIII
FINANCE
65. (!) In respect of the services rendered by Liability of
the Government and their employees, every cktrita- Swnent*
ble or .religious institution or endowment or Dliarma- orDharma-
dayam other than Tirumaia Tirupathi Devasthanams annuScon-ay
whose annual income is not less than rupees live tribu«on ees
and
thousands, shall be liable to pay to the Government "
annually from the income derived by it, such contri bution not
exceeding seven per centum of the annual income as may be
prescribed.

(2) In respect of the services rendered by the


Government and their employees, the Tirumala
Tirupathi Devasthanams, shall be liable to pay to the
Government annually from the income derived by it,
a contribution ■ of seven per centum of such annual
income or rupees fifty lakhs in lumpsum, whichever
is higher.
(3) The contribution which an institution or
endowment or Tirumala Tirupathi Devasthanams is
68 A NDHRA PRADESH GAZETTE EXT RAORDINARY [PART IV-&

liable to pay under sub-sections (1) and (2) shall be


paid annually to the Endowments Administration
Fund*
(4) Every institution or endowment referred to
in sub-section (1) shall pay to the Government
annually for meeting the cost of auditing its accounts,
such farther sum of one and half per centum of its
annual income.
(5) For purposes of this section, annual income
shall mean—

■(a) in relation to Dharmadayam, the total of


the amount charged or collected as Dharmadayam
during the year of account ;
(h) in relation to any other income,-the pro-
ceeds in each year after deducting the amounts speci-
fied below :—
(/) the revenue paid to- Government in-
cluding cesses paid to local authorities ;
(//) the taxes and licence fees paid to local
authorities :
(Hi) expenditure incurred. for the following
purposes connected with the direct cultivation of lands
held by charitable or religious ins titution or endow-
ment, namely :—
(A) maintenance of or repairs to irrigation
works which-.shall not include the capital cost of
irrigation works ;
(B) seeds or seedling ;
(C) manure ;
May 23, 1987 ] A N D P HR RA AGD A E Z S EE XH T T T R E A O 6R 9 D I N A R Y

(Z)) purchase and maintenance of cattle


for cultivation ;
(E) purchase and maintenance of agricul
tural implements , and
(F) wages for ploughing, watering, sow
ing, transplantation, harvesting, threshing and other
agricultural operations :
Provided that the total deduction in respect of
expenditure under this item shall not exceed ten per -
centum of the income from such lands ;
(iv) expenditure on sundry repairs to rented
buildings, not exceeding ten percentum of the annual
rent derived therefrom or actual expenditure which-
ever is less :
(v) the actual cost of collection of rents not
exceeding ten percentum of the amount collected in
cases where special staff is employed solely to att end
to the work relating to collection of rents due to chari -
table or religious institution or endowment ; and
(yi) sale proceeds of immovable properties and
rights relating to, or arising out of immovable proper -
ties, if such proceeds are reinvested to earn income for
the charitable or religious institution or endowment.
Explanation (1):—-The following items of receipts
shall not be deemed to be income for purposes ofthis
section, namely : —
(a) advances and deposits recovered and loans
taken or recovered ;

(b) deposits made as security by employees,


essees, or contractors and other deposits, if any;
70 AWDHRA I'RAUESH GAZETTE EXTRAORDINARY .[PART (V-B

(c) withdrawals from banks or of investments;


(d) amount recovered towards costs .awarded
by courts ;
(e) sale proceeds of religious books and publi
cations where such sales are undertaken as an un~
lemimerative enterprise with a view to propagate
religion ;
\f) sale proceeds of jewels, vahanams, pro -?
visions or other articles or livestock purciiased by the
charitable or religious institution or endowment ;
(g) donations iii cash or kind by the donars as
contributions to capital ;

(h) ubhayams or voluntary contributions


received in cash or kind for a specified service in the
charitable or religious institution or endowment and
expended on such service ;
(/") actual driage of the agricultural produce or
the articles from immovable properties or one per-
centum of the value of such receipts during the finan-
cial year, whichever is less ; and
(j) audit recoveries.
Explanation (2):—In respect of any remunerative
undertaking of a charitable or religious institution or
endowment only the net profit shall be taken as income,
In respect of non-remunerative undertaking of a
charitable or religious institution or endowment such
as a school, college, hospital, poor home, orphanage
or any other similar institution, the grants given by
Government or a local authority or donations received
from public, or fees collected from pupils of educa-
tional institutions shall not be. taken as income.
May 23, 1987 ] A NDHRA PRADESH GAZETTE EXT RAORDINARY 71

Explanation (3):—Receipts in kind other than,


those referred to in item (g) and (h) of Explanation(l)
shall be deemed to accrue as income on the date of the
sale thereof and shall be valued at the amount rea-
lised by such sale.
Explanation (4):-—Receipts in kind from immova-
ble properties shall be valued, in cases of produce -
consumed or utilised by the charitable or religious
institution or endowment, at their market value on
the dates of their receipt.
66. (1) The contribution payable under section ^ 65
shall be assessed by the Commissioner on, and * ion notified
to, the trustee of the charitable or religious trustce* institution
or endowment or Dharmadayarn in the prescribed manner
and the order of assessment passed under this sub-section
shall, subject to the provisions of sections 90 and 91, be
binding on the trustee :
Provided that if, for any reason the contribution
or any portion thereof lyjs escaped assessment in any
year, the Commissioner may, within three years from
the end of the year to which such escaped assessment
relates, serve on the trustee a notice assessing him to
the contribution or portion thereof due and demanding
payment thereof within fifteen days from die date of
huch service and the provisions of this Act and the
rules made thereunder shall, so far as may be, apply
as if the assessment was made in the first instance.
(2) It shall not be competent for the Commis -
sioner to levy any contribution for more than three
years immediately proceeding the year in wiicti a
notiee* of assessment is issued under sub-section (1).
67. (1) Notwithstanding anything in sub-section i (1) of
section 136, all costs, charges and expenses 528£
incurred by the Government, the Commissioner, meat to pay
Deputy Ctommiss'ioiler or 'Assistant' Commissioner cmt^etc" d
any of the provisions of this Act as a party to
72 A JNDHRA PRADESH GAZETTE EXT RAORDINARY [PART IV-B

or in connection with any legal proceedings in respect.


of %ny charitable or religious institution or endow-
ment shall, subject to the limits prescribed, be -pay-
able cut of the funds of such institution or endow-
mentc.
(2) The costs, charges and expenses payable
under sub-section ( I) shall be assessed on, and noti-
fed to, the trustee of the charitable or religious
institution or endowment in the prescribed manner :

Provided that if for any reason any costs, charges


and expenses or any portion thereof has not been
notified in any year, the Commissioner may, within
three years from the end of the year in which it was
omitted to be notified, serve on the trustee a notice
notifying the costs, charges and expenses or portion
thereof due and demanding payment thereof within
fifteen days from the date of sueh service, and the
provisions of this Act and the,, rules made thereunder
shall, as far as may be, apply as if (he amount was
notified in the 'first instance.

ro^bnti^
11
$*• ( I) The trustee of a charitable or religions
co^Jr
ar
^ institution or endowment or Dharmadayam may,
aild w
ej lses ^hin fifteen days, from the date of receipt of a notice vpen
' issued under -sub-section (I) of section 66, or under sub-
section. (2) of section 67 or within such further time as may be
granted by the Commissioner, prefer his objection, If any, to
the Commissioner in writing. Such objection may relate either to
his liability to pay or the quantum of the amount specified in
the notice. The Commissioner shall .consider such objection atld
pass an order confirming, withdrawing or modifying his
original notice and communicate the same to the trustee
May 23, 19S7] A NDHRA P RADE SH GAZETT E EXT RAORDINARY 73

(2) Within thirty days from the date of receipt


of the notice under section 66 or section 67 or when
objection has been preferred, within thirty days from
the date of receipt by the trustee of the orde r of the
Commissioner tinder sub-section ( I) ot this section
or within such further time, as may be granted by him,
Such trustee shall pay the amount as ordered.

69. (1) There shall be established a fund to be Establish-


called the Andhra Pradesh Chari table and Hindu gj&£
Religious Institutions and Endowments Administia tion
Fund. The Endo wments Administration Fund shall vest in
the Commissioner.

(2) (a) Ths following amounts shall be credited


to the Endowments Administration Fund, namely:

(0 ihe balance in the fund constituted Wilder


the Andhra Pradesh" Charitable ana Hindu A Gt l7of Religious
Institutions and Endowments Act, 1966. 1966.

(ii) the sums due to the Government under section


64 of the Andhra Piadesb Charitable atid Act l7 of Hindu
Religious Institutions and Endowmecits Act, 1966. 1966.
(Hi) the contributions and audit fee payable
under sub-section (1) of section 65 when realised ;

(iv) the amounts recovered under subjection


(6) of section 29 and under section 30 ;

(h) It shall be lawful for the Commissioner to


accept to the credit of the said fund, grants or loans
from the GoYernment or any grant by any institution
or person.
74 A NDHRA PRADESH GAZETTE EXT RAORDINARY [PART IV-B

\3 T ) h e C o m
i s s i o m n e r s h a l l o u t o
F u n d r e p a— y t h e t o G o v e r n m e n t
( / ) t h e u m ss p a i d o u t o f t h e C
F u n d o f t h e S t a t e i n t h e f i r s t i n s
s a l a r i e s , a l lo o t wh e a r n c r e sm , u p n e e n r as it oi o n n a n d
o f p e r s o n s a p p o i n t e d b y t h e G o v e r n
s e r v i c e s u n d e r a n y o f t h e p r o v i s i o n s

( n a ) n y t h e r o e x p e n d i t u r e i n c u r r e
G o v e r nn t m
i n e t h e c o u r s e o f r e n
a n d i n c o n n ne c t o i of ,n t hw e i t h t h e a d m i
c h a r i t a b l e o r r e l i g i o u s i n s t i t u t i o n o
t h e p r o v i s i o n s o f t h i s A c t ;

( H t h i )e l o a n s r e c e i v e d f r o m t h e G o v
( / v ) t h e c o s t o f p u b l i c a t i o n
i p a n u a l s ; d e s c r i p t i v e a c c o u n t s a n
r e l a t i n g i o tn o o H r i nc d h u a r i r t e a l b i lg e o r r e l i g i o
i n s t i t u t i o n s o r e n d o w m e n t s ;

( v ) t h e e x p e - c n o- s m e s o f c o m m i t t e e s
m i t t e e s t h e r e o f c o n s t i t u t e d f o r a n
A c t b y t h e G o v e r n m e n t o r b y a n y o
S u b o r d i n a t e t o ht - ho e G o v e r n m e n t a n d
r i s e d b y t h e m i n t h i s b e h a l f .

c o m m ^ o 0n . 0 ) . 0 * ) T h e C o m m i s s i o n e r s h
o f t h e p a y m e n t s m a d e b y t h e c h a r i t
May 23, 1937] A NDHRA P RADE SH GAZETT E EXT RAORDINARY 75

institutions and endowments and by any institution


or person.
(i) In respect of Hindu chaiitable institutions and
Religious institutions and Endowments, a fund to be
colled the Andhra Pradesh Hindu charitable ond Reli-
gious institutions and Endowments common good
fund ; and
{ii) in respect of other charitable institutions and
endowments, a fund to be caMed the Andhra Pradesh
Charitable Institutions and Endowments Common
Good Pundit) Th? Common Good Fund created
under item (i) of clause (a) shall be utilised for the
following purposes, namely :~-
(/) renovation, preservation and maintenance
including payment of salaries to Archakas of Hindu
Charitable and Hindu religious institutions or endow-
ments which aie in needy circumstances, and
promotion and propagation of purpases and objects
connected therewith :
provided that the amount to be utilised for tne
purpose of payment of salaries to Archakas in any,
year shall not be less than ten percentum of the
receipts to the said fund during the preceding year;
(u) establishment and maintenance of veda-
pathasalas and schools for the training in archakath
warn, adhyapakathwam, vedaparayanikatwam, silpatn,
vaidyam or like services :
provided that the amount to be utilised for the
purpose mentioned in item (if) in any year shall net
be less than twenty percentum of the receipts to the
said fund during the preceding year.
76 A NDHRA PRADESH GAZETTE EXT RAORDINARY [ PART IV-
B

(c) The Common Good Fund created unde r


item (ii) of clause (a) shall be utilised foi the renova-
tion, preservation and maintenance of other charitable
institutions or endowments and for the promotio n
and propagation of purposes and objects connected
therewith.

(2) The Commissioner, may on direction from


the Government, transfer to the Common Good Fund,
any surplus or such portion thereof, as may be speci -
fied in the direction, remaining in the Endowments
Administration Fund after repayment of the amounts
specified in sub-section (3) of section 69.

(3) The Commissioner shall issue a notice


demanding the payment of contribution payable
towards Common Good Pqxid basing on the provi-
sions made in the Budget estimate of each institution
or endowment in the manner prescribed.

vesting of 71. The Common Good Fund shall vest in a


Committee constituted by the Government and shall
be administered m such manner as may be prescribed.

CHAPTER IX S URPLUS F UNDS


AND UTILISATION THEREOF .

utilisation ^ " ^ W here there is a surplus in the tunds of


of surplus an institution or endowment including a specific
funds. endowment attached thereto after providing for all the
objects, needs, requirements or improvements of the
institution or endowment and after making; adequate
provision for purposes referred to in sab-section (2)
of section 57, the trustee may make an application in
the manner prescribed for permission to utilise such
surplus fund for all or any of the following purposes
M ay 23 , 1987] ANDHKA PRADESH GAZETTE EXTRAORDINARY 77

(i) Propogation of the religious tents of the


institution or endowment;
(ii) establishment and maintenance of schools
for the training of archakas, adyapakas, and Veda
Parayanikas and for the study of Divya Prabhan-
dhams and the like for furthering education in San-
skrit;
(iii) establishment and maintenance of, any,
institution in which special provision is made for the
study of Hindureligion, Philosophy or Sastras or
for importing instruction in Hindu Temple Archi-
tecture, and for setting up libraries in connection
with such study;
(iv) grant of aid to any other Hindu religious
institution or endowment which is in poor or needy
circumstances or which requires renovation;
(v) establishment and maintenance of hospi-
tals and dispensaries for the relief of the pilgrims
and worshippers visiting the religious institutions;
(vi) constructions and maintenance of choul-
tries and rest houses for the use and accommodation
of pilgrims;
(vii) Provision of water supply and sanitary
arrangement to the pilgrims and worshippers;
(viii) acquisition of any land or other immov-
able property for the purpose of the religious insti-
tution;
(ix) construction and maintenance of roads
and communications and the lighting thereof for
the convenience of the pilgrims and worshippers;
78 ANDHRA PRADESH GAZETTE EXTRAORDINARY [P A RT IV-B

(x) establishment and maintenance of orphan-


ages for children belonging to Hindu Religion;

(xi) establishment and maintenance of the


Homes for the poor destitute and helpless physically
disabled persons belonging to Hindu Religion;

(xii) establishment and maintenance of


lep-. rosy asylum for those belonging to Hindu
Religion;

(xiii) Payment to the Common Good Fund.

(2) Notwithstanding in sub-section (1) shall


prevent the trustee of a math or specific endow
ment attached thereto from utilising such surplus
for any other purpose consistent with the tenets of
the math.

(3) Subject to such restrictions an conditions


as may be prescribed the trustee of a charitable or
religious institution or endowment may appropriate
any portion of such surplus for the performance
of any Hindu Marriage among the needy persons
belonging to Hindu Religion.

Determina- 73. (1) The Commissioner the Deputy Commis-


eration sioner or the Assistant Commissioner as the case
ies ma
£rrSn& ^ ^ e having jurisdiction shall on being satisfied
pfdeSnct that a charitable or religious institution or endow-
S Sendow^ men t has whether before or after the commence-
ment, ment of this Act ceased to exist, hold an enquiry in
the prescribed manner to as certain its properties and funds
and after doing so shall pass an order.

(a) specifying the properties and funds of the


institution or endowment;
(b) appointing a trustee therefor;
M a y 2 3 A, 1 N 9 D 8 H 7 R] A T P E R EA X D T E R S AH O7 G 9 R A D Z I EN TA R Y

(c) directing the recovery of any such prop


erties or funds from any person who may be in
possession thereof; and
(d) laying down that the properties, and
funds so specified shall be applied or utilised for the
renovation of the institution or endowment and if
such renovation is not possible, be appropriated to
any one or more of the purposes specified in sub
section (2) of section 74.
(2) The Commissioner, the Deputy Commis
sioner or the Assistant Commissioner, as the case
may be, having jurisdiction, may, on being satisfied
after holding an enquiry in the prescribed manner,
that any building or other place which was being
used for religious worship or instruction or for char
ity has, whether before or after the commencement
of this Act, ceased to be used for that purpose, pass
an order-
(a) directing the recovery of such building
or place from any person who may be in possession;
and
(b) laying down that it shall be used for
religious worship or instruction or for charity as
before, or if such use if not possible, be utilised
for any one or more of the purposes specified in
sub-section (2) of section 74.
(3) Every order made under sub-section (1) or
sub-section (2) shall be published in the prescribed
manner and shall subject to the provisions of sec
tions 70 and 71 be binding on the parties concerned
.74. (1) Where the Commissioner is satisfied
after making such enquiry as may be prescribed,
that
(a) the original object for which a charitable
or religious institution or endowment was founded
80 ANBHRA PRADESH GAZETTE EXTRAORDINARY [PA RT IV-B

has, from the beginning, been or has subse-


quently become, impossible of realisation;
(b) the income or any surplus balance of
such institution or endowment has not been utilised
or is not likely to be utilised;
(c) in any of the cases mentioned in section
158 or in regard to the appropriation of the Dhar
madayam sums held in trust under section 56, the
directions of the Commissioner are necessary.
The Commissioner shall make an order giving
directions as to how the property or money belong-
ing to the institution, endowment or Dharmadayam
concerned shall be appropriated. In giving the di-
rection, the Commissioner shall so far as may be
practicable, desirable, necessary or proper in pub -
lic interest, give effect to the original intention of
the founder of the institution or endowment or the
object for which the institution or endowment was
founded.
(2) Where the Commissioner is of opinion that
the carrying out of such intention or object is no
wholly or partially expedient, practicable, desirable,
necessary or proper in public interest, the Commis -
sioner may direct the property or money belonging
to the institution or endowment or Dharmadayam
or any portion thereof to be applied-
(a) if such institution or endowment is a
charitable institution or endowment; to any other
Charitable purpose; and
(b) if such institution or endowment is a
religious institution or endowment, to all or any
of the purposes specified in items (i) to (iv) of sub
section (1) of section 72;
Mav 23, 1927 1 ANDHRA P B.IDEM Gizisrri? ErtriuoRi.wuRY §1

Provided that —
(/) in the case of a charitable Institution or
endowment which is founded and maintained for the
benefit of a section of the public, the endowment shall
as far as possible be appropriated for the benefit of
that section or for any other charitable purpose of
1 ike nature ;

(//) m the case of religious institution or endow-


ment which is founded and maintained for the benefit
of religious denomination or any section thereof, the
endowment shall as far as possible be appropriated
for the benefit of the denomination or section concer-
ned for all or any of the purposes mentioned in clause
(by
(3) In giving directions as to the appropriation
of property or money belonging to the institution or
endowment to any other charitable or religious pur
poses under sub-section (1) or subjection (2), the
Commissioner may, by order, alter any scheme already
settled or vary the terms of any order or conditions
contained in the deed of trust relating to the institu
tion or endowment:

Provided that in the case of a scheme settled by a


court or a decree or order passed by the Court, the
Commissioner shall mo ve such court to alter the
scheme or vary the terms of the decree or order, as
the case may be.

(4) From any order passed by the Commissioner


under sub-section (1), an appeal shall lie to the Court
within ninety days from the date of receipt of the
^rder.
6
8 2 A K D P R H A R G DA A EZ E XSE HT T TR EA O R [ APD IRI - VN T A R Y

CHAPTER-X
ALIENATION OF ANY IMMOVABLE P ROPERTY AND RESUMP-
TION OF TNAM LANDS.

Lease, sale 75 ■ / j ) ^ny fease for a term exceeding six years


v
of mam s to , '? . 11 + r -
be void in and any gilt, sale, exchange or mortgage of an inam
certain cases. i an(j granted for the support or maintenance of chari -
table ODreligious institution or endowment or for the
performance of a religious or public charity or ser vice, shall
be null and void unless any such trans action, not being a gift,
is effected with the prior sanction of the Government.
(2) Such prior sanction may be accorded by the
Government where they consider that the transaction
is—
(/) necessary or beneficial to the institution or
endowment ;
(//) in regard to tiie land which is an uneco -
nomical holding for the institution or endowment to
own and maintain ; and

(Hi) the consideration thereof, is adequate and


proper.
(3) The provisions in clause (c) of sub-section
(1) of section 80 shall apply for the sale of any inam
land.
of franrfoof ^ ^ Where, before or after the commencement
jandTgwated of this "Act, any per s on has bxu granted a ryotwari
e
ServicetoraDgpatta *n resP?ct °^ an y ^nam land, given to a service
re%k> us°or holder or other employee of a charitable or religious
sdtautio bloiai" i^itution or endowment for the purpose of rendering
5ndowra«t. service to the institution or endowment Then, not -
withstanding anything to the contrary in any other law for
the time being in force or in the deed of grant
M a y 2 3 A , N 1 D9 H8 7R ]A P R A D E S H8 3 G A Z E T T E E X T R A O R D I N A

.or of transfer or other document relating to such


land, it shall be and shall be deemed never to have
been granted and the lands covered by such ryotwari
patta shall not be transferred and shall be deemed
never to have been transferred and accordingly no
right or title in such land shall vest in any person
acquiring the land by such transfer and a ryotwari
patta in respect of such land shall be deemed to
have been granted in favour of the institution or
endowment concerned and thereafter the person
in possession of such land shall be deemed as an
encroacher and the provisions in sections 84 and 85
shall apply.
(2) No ryotwari patta holder in respect of the
aforesaid land shall transfer any such land and no
person shall acquire any such land either by pur
chase, gift, lease, mortgage, exchange or otherwise.
(3) Any transfer or acquisition made in con
travention of the provisions in sub-section (1) or
sub-section (2) shall be deemed to be null and void.
(4) The provisions of this section shall apply
to any transaction of the nature referred to in sub
section (2) in execution of a decree or order of a civil
court or any order of any other authority.
77. (1) The Revenue Divisional Officer may, Resumption
either suo motu or on the application of the trustee i^^ of a
charitable or religious institution or endowment or of the
Commissioner or of any person having interest in the
institution or endowment authorised by the Commissioner,
by order, resume the whole or any portion of any such inam
land referred to in section 75 on all or any of the following
grounds, iiamely:-
(i) that the holder of the inam has effected a
transaction which is null and void under section 75;
A NDHRA PRADESH GAZETTE EXT RAORDINARY [PART IV-B

Hi) that the charitable or religions institution


or endowment has ceased to exist or the charity or
service has become impossible of performance ;

{iii) that the holder of such mam land has


failed to perform 01 make the necessary arrangements
foi performing, in accordance with the custom or
usage of the institution or endowment, the charity or
service for the performance of which the inam land
was granted*

(2) (a) Before passing an order under sub


section (1), the Revenue Divisional Officer shall give
notice to the trustee, to the Commissioner, to the
holder of the inam land, to the person in possession
of the inam land where he Is not the holder thereof
and to the alienee, if any, of the inam land an d-also
publish a copy of the notice in such manner as may
be prescribed, which publication shall be deemed to
be sufficient notice to every other person likely to be
affected by such order; and consider the objections,
if any, after holding such inquiry as may be prescribed;

(b) Where only a portion of the inam land is


affected, notice shall be given under clause (a) to tJie
holder of such, portion as well as to the holder or
holders of the other portion or portions to the person
in possession of every such portion, where he is not
the holder thereof, and to the alienee, if any, of eveiy
such portion and the objections of all such persons
shall be considered by the Revenue Divisional Officer.

(3) A copy of every order passed under sub


section (1), shall be communicated to each of the
persons mentioned in sub-section (2) and shall also
be published in the manner prescribed.
May 23, 1987 ] A NDHRA PRADESH GAZETTE EXT RAORDINARY 85

(4) (a) Where any inam-land or portion thereof


is resumed under this section, the Revenue Divisional
Officer shall, by order, grant a ryotwarl patta in res
pect of the inam land or portion thereof to the chari
table or religious institution concerned; and where
the resumption is made on the ground specified in
item (ii) of sub-section (1) to any such charitable or
religious institution as the Commissioner may
recommend.

(h) The order granting the ryotwari patta


under clause (a) shall, on application made to the
Revenue Divisional Officer within the time prescribed,
be executed by him in accordance with such rules as
may be made in this behalf.

(5) Pending the resumption of an in am land o r


portion thereof under this section on the ground
specified in item (///) of sub-section (1), the Revenue
Divisional Officer may direct the person in possession
of the inam land or portion thereof, to pay to the
trustee,- the expenses incurred or likely to be incurred
for the performance of the charity or service to the
institution or endowment. In default of such pay
ment, the Revenue Divisional Officer may pass an
order ' or . make such arrangement as he considers
necessary for the performance of t he charity or
service; and the expenses incurred therefor shall be
recovered from the person in possession of the inain
land or portion thereof, as if they were arrears of
land revenue.

78. (1) Any person aggrieved by an order of the Appeal.


Revenue Divisional Officer under sub-section (1) of section 77
may appeal to the District Collector within such time as may
be prescribed, and on such appeal, the District Collector may,
after giving notice to the Commissioner and eacii of tlie
persons mentioned in
^6 A NDREA PRADESH GAZETTE EXT RAORDINARY [PART IV-B

sub-section (2) of that section and after holding such


inquiry as may be prescribed, pass an order confirm-
ing, modifying or cancelling the order of the Revenue
Divisional Officer.

(2) The order of the District Collector on such


appeal or the order of the Revenue Divisional Officer
under sub-section (1) of section 77 where no. appeal
is preferred, shall be final, and shall not be liable to
be questioned in any Court of law.
Prohibition 79. No immovable pro perty shall be purchased
°f -mVrCovabie
ae
for or ork behalf °f any charitable or religiouK&istitu-
^^f tio.n or endowment except with the prior section of
.j.^ Commissioner and the,Commissioner shajl not accord
such sanction unless he considers that 'such property is
necessary or beneficial to the institution or endowment and that
t|ie price proposed to be paid therefor is not excessive: \
Provided that before such sanction is accorded,
tae" particulars. relating to the proposed transaction
shall be published in the Andhra Pradesh Gazette
inviting objections and suggestions with respect thereto
and all objections and suggestions received from the
trustee or other person having interest shall be duly
considered by the Commissioner.

Alienation of 80. (1) '(a) Any gift, sale, exchange, or mortgage, of


™j^aWc aay immovable property belonging to or given or
endowed for the purpose of any charitable or religious
institution or endowment shall be null and «oid unless any
such transaction, not being a gift, is effected with the prior
sanction of the Commissioner.
(p) The Commissioner, may, after publishing
in the Andhra Pradesh Gazette the particulars relating
to the proposed transaction ajad inviting any abjec -
tions and suggestions with respect thereto and
May 23, 1987], A NDHRA P RADESH GAZETTE EXT RAORDINARY

considering all objections and suggestions, if any


received from the trustee or other person having
interest, accord such sanction where he considers
that the transaction is —
(i) prudent and Wcessary or beneficial to
the institution, or endowment ;
(ii) in respect or immovable property which
is un-economical for the Institution or endowment to
own and maintain; and
(Hi) the consideration therefor is adequate
and proper.

(c) Every sale of any such immovable pro-


perty sanctioned by the Commissioner under clause
{b) shall' be effected by tender-cum-public auction in
the prescribed manner subject to the confirmation by
the Commissioner within a period prescribed :

Provided that the Government may, in the interest


of the institution or endowment and for reasons to be
recorded therefor in writing, permit the sale of such
immovable propertv, otherwise than by public
auction :

Provided furtner that tht Government may pur -


chase the lands situated in Scheduled Areas belonging
to institutions or endowments, wherever necessary
otherwise than by public auction and assign such
lands to the members of the Scheduled Tribes.
Explanation :—in mis section, tfte ■■ expression
"Scheduled Tribe" shall have the meaning assigned to
it in clause (25) of article 366 of the Constitution and
the expression "Scheduled Area" shall have the
8S A>FOH R4 P RADE SH G A ZE TTE EYriM ORDrN^R Y [ PAR T T V-B

meaning assigned to it in sub-paragraph (1) of para-


graph 6 of the Fifth Schedule to the Constitution of
India.

(2) (a) No lessee, mortgagee with possession or


licencee, of any land or building belonging to the
institution or endowment and which is appurfenant to
or which adjoins the institution or endowment or any
tank, well spring or water course appurtenent to the
institution or endowment whether situated within or
outside the prakarams, mandapams, court-yards or
corridors of the institution or endowment, shall make
use of* the land, building or space so as to mar the
artistic appearance or view or the religious atmosphere
of the institution or endowment. The Commissioner,
shall, by order and for reasons to be recorded therein,
terminate or cancel the lease, mortgage, or licence, as
the case may be, of any person who contravenes the
aforesaid provision, after giving the person an op-
portunity of making his representation against the
proposed termination or cancellation and require
such person to deliver possession of the land, building
or space, as the case may be, to the trustee before the
date specified in the order.

(b) Where such person fails to deliver posses


sion as aforesaid, bpfore the date specified, the
Commissioner may direct the Deputy Commissioner
concerned to take action under the provisions of
Chapter-XT.

(c) Nothing in this sub-section shall be con


strued as disentitling the person who is dispossessed
of any property under this sub-section from recovering
any amount which is lawfully due to him from the
institution or endowment under the ■■lease, licence or
mortgage, as the case may be.
May 23,- 1987] A NDHRA P RADESH GAZETT O BCT RAORDINABY 89

(3) The utilisation or investment of the amount


realised by.any transaction under sub-section (1) and
in the case of a mortgage, the discharge of th^ mort-
gage widilii a reasonable period, shall be made by the
trustee, subject to the approval of the Commissioner.
{4) A copy of the order mads by the Commis -
sioner and .or 'this action shall be communicated to
the Government and co the trustee and shall be publi -
shed in such manner as may be prescribed.
(5) The trustee may, within ninety days from
the date of the communication of the order under
sub-section (4), and any person having interest may,
within ninety days from the date of publication of
such order, prefer an appeal to the Government to
modify the order or set it aside.

(6) Notwithstanding anything contained in the


first proviso to clause (c) of sub-section (1), the
Government pay call for and examine the record of
the Commissioner in respect of the order passed by
him under this section to satisfy themselves as to the
legality or correctness of such order or regularity ■ or
propriety thereof and if, in any case it appears to the
Government that such order should be modified,
annulled, reversed or remitted for reconsideration,
they may pass order accordingly :
Provided that the Government shall not pass any
order prejudicial to any party unless he has had an
opportunity of making his representation.
(7) The Government may stay the execution of
any such order psuding the exercise of their powers
under sub-section (6) in respect thereof.

(8) Nothing in this section shall apply to the


leasing or licensing of any land or building or spa%
90 ANDHRA PRADESH GAZETTE EXTRAORDINARY [P A RT IV-B

mentioned in sub-section (2) for the purpose of


providing amenities to pilgrims or of vending flowers
or other articles used for worship or of holding for
specified periods, faii;s or exhibitions during f estivals
connected with the institution or endowment.

invalidation 81. Where before the commencement of this


rise^Sie10 " Act> any sa*e> ..exchange, or mortgage of any immovable
property belonging to any charitable or religious institution or
endowment is effected, without the prior sanction of the
Commissioner or Government, * such transaction shall be
null and void and shall be deemed never to have been effected
and accordingly . no right or title in such property shall
vest in any person acquiring the property by such
transaction and any such property shall be deemed to be
the property of the institution or endowment concerned and
any person in possession of such property shall be deemed to
be an encroacher and thereafter the provisions of sections
84 and 85 shall apply.
L e a s e 8o f 2 . ( 1 ) A n y l- e a s e o f a g r i c u l t u r a
A g n o ^ Q i o i r tgv u oe [ n rr e a n i d j o ^ w g e d f o r t h e p u r p o s e o f a
i n s t i t u t i o n o r e n d o w m e n t s u b s i s t i
c o m m e n c e m e n t o f t h i s A c t s h a l l ,
anything in any other law for the time being in
force, held by a person who is not a landless poor
person stands cancelled.

(2) In respect of leases of agricultural lands


held by landless poor person for not less than six
years continuously, such person shall have the right
to purchase such lands for a consideration of seventy
five per- centum of the prevailing market value of
similarly situated lands at the time of purchase and
such consideration shall be paid in four equal instal -
ments in the manner prescribed. Such sale may be
effected otherwise than by tender -cum-public auc-
tion:
Ma y $3 , l$87j A K DHRA P RA DE SH GA ZETT E EXT RAO RBI NAII Y

Provided that if such, person fails to purchase the


land in accordance with this sub-section or is unwilling
to purchase the land, the lease shall be deemed to
have been terminated .

Explanation:—-For the. purpose of this sub-section


landless poor person" means a person whose total
extent of land held by him either as o^ner or as culti -
vating tenant or as both does not exceed 1.011715
hectares (two and half acres) of wet land or 2.023430
hectares (five acres) of dry land and whose monthly
income other than from such lands does not exceed
two hundred and fifty rupees per mensum or three
thousand rupees per annum. For the purpose of
computing the extent of land, 0.404686 hectares
(one acre) of wet land shall be equal to 0.809372
hectares (two acres) of dry land.

(3) The authority to sanction the lease, or licence


IB respect of any property or any right or interest
thereoB belonging to or given or endowed for the
purpose of any charitable or religious institution or
endowment, the manner in which and the period for
which such lease or licence shall be such as may be
prescribed.

(4) Everv lease or licence of any immovable


property, other than the agricultural land belonging
to, or given or endowed for the purpose of any chari
table or religious institution or endowment subsisting
on the date of the commencement of this Act, shall
continue to be in force subject to the rules as may be
prescribed under sub-section(3).
9 -2 AK D P HR RA AGD A E Z S E HX T T T R E A O [ P RA DRI - VBTI N A R Y

CHAPTER-XI
ENCROACHMENTS
mSTb1 * ?^# Q) Where the Assistant Commissioner
pmons on having jurisdiction, either suo motu or upon a com-
^gj^f" plaint made by the trustee has reason to believe that
ingtocSI- any person has encroached upon (hereafter in this
table or Chapter referred to as 'encroacher') any land, build-
sdtutionor
0W nt
ing> tank, well, spring or water-course or any space
and to teto&ging to the institution or endowment, wherever
Action of situated or deemed as an encroacher under any of
«nax>achers. ^ pj-ovisions of this Act, the Assistant Commissioner
shall report the fact together with relevant particulars
to the Deputy Commissioner having jurisdiction over
the division in which the institution or endowment
is situated.
Explanation : —For the purpose of this Chapter
the expression 'encroacher' shall mean any person who
unauthorisedly occupy any land or building or space
and deemed to include any person who is in o ccupa-
tion of the land or building or space without the
approval of the competent authority sanctioning lease
or mortgage, or licence and also a person who conti -
nues to remain in the land or building or space after
the expiry or termination or cancellatio n of the lease,
mortgage or licence in respect thereof granted to him
or it*
(2) Where, on a perusal of the report received
by ton under sub-section (1), the Deputy Commissi-
oner finds that there is a prima facie case of encroach-
ment, he shall cause to be served upon the encroacher
a notice specifying the particulars of the encroachment
and calling on him to show cause before a certain
date why an order requiring him to remove the
encroachment before the date specified in the notice
should not be made. A copy of the notice shall also
be sent to die trustee of the institution or endowment
c o a c e m e d ;
May 23# 1987] A NDHRA P RADE SH GAZET TE ExmAORDiNARY 9S

j (3) The notice referred to in sub-section (2)


I shall be served in such manner as may be prescribed.

\ (4) Where after considering the objections, if


| any, of the encroacher received during the period
j1 specified in the notice referred to in sub-section (2)
and after conducting such enquiry as may be pres -
cribed, the Deputy Commissioner is satisfied that
there has been an encroachment, he may, by order,
require, the encroacher to remove the encroachment
and deliver possession of the land or building or space
encroached upon to the trustee before the date spe -
cified in such order,

(5) The order of the Deputy Commissioner


under sub-section (4) shall be in writing and shall
contain the grounds on which he has passed the order.

(6) During the pendency of the proceedings,


the Deputy Commissioner shall order the encroacher
to deposit such amount as may be sepclfied by Mm
in consideration of the use and occupation of the
properties in ques tion in the manner prescribed.

84. (1) Where within the period specified in Mode of


the order under sub-section (4) of section 83, the SSS
encroacher has not removed the encroachment and has not
vacated the land, building or space, the Assistant
Commissioner having jurisdiction over the V sub-division
may remove the encroachment and obtain possession
of the land, building or space, encroached upon, taking
such police assistance as may be necessary.' Any Police
Officer whose help is required for this purpose shall be
required to fender the necessary help to the Assistant
Commissioner,
94 A NDHRA PRADESH GAZETTE EXT RAORDINARY [PA RT tV-B

(2) Nothing in sub-section (1) shall prevent any


person aggreieved by the order of the Deputy Com
missioner under sub-section (4) of section 83 from insti
tuting a suit in a Court to establish that the chari
table or religious institution or endowment has no
title to the land, building or space:

Provided that no Civil Court shall taken cogni -


zance of any suit instituted after six months from the
date of receipt of the order under sub-section (4) of
section 83 :

Provided frather that rio such Suit shall be institUr


ted by a person who is let into the possession of the
land, building or space, pr who is a lessee, licencee
or mortgagee, of the institution or endowment.

(3) No injunction shall be granted by any court


in respect of any proceedings taken or about to be
taken by the Deputy Commissioner under section 83.

Encroach
m&
85. (1) Where the Deputy Commissioner knows
u % r or ka s r$ ason t° believe that a group or groups of sons
OQ lan? persons, without any entitlement and with the common
c^tibl t0 0 ^Ject of occupying any land, which is the property
and religious belonging to a charitable or religious institution or
^1
arew
S^evi-en^OWIIle!lt) are 0CCIiPy^ng or have occupied any such ctioa.
"land and if such group or groups of persons have not vacated
the land on demand by the Deputy Commissioner or any
officer authorised by him in this behalf, the Deputy
Commissioner shall, notwithstanding any thing contained in
this Act* order without any notice, the immediate eviction of
th§ encroachers from the land and the taking of possession of
the land and thereupon, it shall-be. lawful^ for any officer
authorised by the Deputy Commissioner in this behalf to
evict the encroaciers from the land by force, taking such
May 23, 1987] A NDH RA P RADE SH GAZETT E EXT RAO RDI NARY 95

police assistance as may be necessary and take


possession of the land . Any police officer whose help
is required for this purpose shall be bound to render
the necessary help to the Deputy Commissioner or to
such officer authorised by him.
(2) Where., in any proceedings taken under this
section, or in consequence of anything done under this
section, a question, arises-as. to whether any land is the
property of the charitable or religious instit ution or
endowment, such land shall be presumed to be the
property of the charitable or religious institution or
endowment untit the contrary is proved.
(3) Notwithstanding anything in this Act, but
subject to the provisions of sections 92 and 93 any
order of eviction passed by the Deputy Commissioner
under sub-section (1) shall be final and shall not be
questioned in any court.

86. (1) Any person who, on or after the com- Penalty for
mencement of this Act continues to be in occupation, 2SSSS
with en
otherwise thian by lawful possession, of a land belong-
crmcttt
~ ing
to a charitable or religious institution or endow- * ment
shall be guilty of an offence under this Act.
(2) Whoever contravences the provisions of
sub-section (1), shall on conviction be punis hed with
imprisonment for a term which shall not be less than
six months but which may extend to five years and with
fine which may extend to five thousand rupees.
(3) No Court shall take cognizance of an offence
punishable under sub-section (2) except on the com*
plaint in. writing of .the. Commissioner. .
,■ (4)"No/offofloc-pnni5hal>le :imdeTsub-section (2),;
w!l"be. inquired ijitcvor tried'by any court inferior to
that of a Magisttate of the First Glass,
96 ANDHRA PRADESH GAZETTE EXT RAORDINARY [PART IV-B

CHAPTER-XII
Enquiries
Power of 87. (1) The Deputy Commissioner having juris-
Deputy
Commi-
diction shall have the power, after giving notice in
ssioner to the pr escribed manner to the person concerned,
decide cer-
tain dis- to enquire into and decide any dispute as to the
putes and
matters.
question-
(a) whether an institution or endowment is a
charitable institution or endowment;
(b) whether an institution or endowment is a
religious institution or endowment;
(c) whether any property is an endowment,
if so whether it is a c haritable endo wment or a
religious endowment;
(d) whether any property is a specific endow
ment;
(e) whether any person is entitled by cus
tom or otherwise to any honour, emoluments or
perquisites in any charitable or religious institution
or endowment and what the established usage of
such institution or endowment is in regard to any
other matter;
(f) whether any institution or endowment is
wholly or partly of a secular or religious character
and whether any property is given wholly or partly
for secular or religious uses; or
(g) where any property or money has been
given for the support of an institution or endowment
which is partly of a secular character and partly of
religious character or the performance of any service
or charity connected with such institution or endow-
ment or the performance of a charity which is partly
May 23, 1987 ] A NDHRA PRADESH GAZETTE EXT RAORDINARY 97

of a secular character and partly of a religious charac -


ter or where any property or money given is appropria-
ted partly to secular uses and partly to religious uses,
as to what portion of such property or money shall be
allocated to secular or religious uses.

(2) The Deputy Commissioner may, pending his


decision under sub-section (1), pass such order as he
deems fit for the administration of the property or
custody of the money belonging to the institutio n or
endowment ♦

(3) Every decision or order of the Deputy Com


missioner on confirmation by the Commissioner
under this section shall be published in the prescribed
manner.

(4) The Deputy Commissioner may while record


ing his decision under sub-section (1) and pending
implementation of such decision, pass such interim
order as he may deems fit for safeguarding the interests
of the institution or endowment and for preventing
damage to or loss of or misappropria don or criminal
breach of trust in respect of the prop erties or moneys
belonging to or in the possession of the institution
or endowment.

(5) Any decision or order of the Deputy Com


missioner deciding whether an institution or endow
ment is not a public institution or endowment shall
not take effect unless such decision or order is conffr«
med by an order of the Commissioner,

(6) The presumption in respect of matters co


vered by clauses (a), (p% (c)% {d) and (e) in sub-section
(1) is that the institution or the endowment Is pufeiic
one and that the burden of proof in all such casf-J shall
98 A NDHRA PRADESH GAETT E EXT RAORDINARY f PART 1V-B

lie on the person claiming the institution or the en


dowment to be private or the property or money to be
other than that of a religious endowment or specific
endowment as-the case may be a

Right or 88. Any person aggrieved by the decision of the


appcai Deputy Commissioner or the order of the Commis -
gntf sioner under section 87 and the decision of the Com-
the Deputy missioned under section 119 may, within ninety days
^ f f l u X from the date of receipt o f the decision prefer an
section 87 appeal to the District Court and within the limits of
^ om m l' Municipal Corporation of Hyderabad to the Chief
under sec- Judge, City Civil Court.

Compromise 89. (1) No suit, application or appeal pending


m^de!° ^ before a court which relates to charitable or religious
institution or endowment, shall be withdrawn or com promised
by the trustee or other person inchtarge of the management of
such institution or endowment except with the previous
sanction of the Commissioner.

(2) Where the Commissioner considers that any


claim, demand, or cause of action for suing in respect
of the affairs, funds, or properties of the charitable or
a religious institution or endowment shall, in the in-
terests of the institution or endowment be compro-
mised without instituting or without continuing any
suit or other legal proceeding and if the other party
to such suit or other legal proceedings is willing to
enter into a compromise under the terms and condi -
tions which the Commissioner considers acceptable
in the interest of the institution or endowment, the
Commissioner may, for reasons to be recorded in
writing pass an order directing the trustee or other
person referred to in sub-section (1) to enter into such
compromise.
stay 23,1987] ANDHRA P RADESH GAZETTE EXTRAOBBINART 99

CH AP TER-Xm

APPEALS, REVISION, REVIEW, Etc.

90. (1) Any person aggrieved may, within ninety Appeal m -


days from t he date of receipt by him of an order, *^ B
appeal against such order where it is passed by—
(i) the Commissioner under sub-section (4)
of section 25, sub-section (1) of section 28, sub-section
(2) or sub-section (3) of section 61, sub-section (1)
of section 66 and sub-sections (1) and (2) of section
73, to the Government;
(ii) the Deputy Commissioner or the Assis-
tant Commissioner, as the case may be, under sub-
section (4) of section 25, sub-section (1) of section 28t
sub-sections (1) and (2) of section 73, to the Commis-
sioner.
91. The High Court may call for the record of Revision.
any case—
(1) which has been decided by a court and in
which no appeal lies thereto;
(if) which has been decided by the District
Court in an appe al under section 88;
(iii) which has been decided by the Government
in an appeal under section 90; or
(iv) which has been decided by the Govern -
ment under sub-section (1) of section 28.
If such court or the Government appears —
(a) to have exercised a jurisdiction not vested
in it or them by law;
lO O AN D P HR RA ADG A E Z S EE XH T TT R E A O [ R AP D* 1R I I - VBN A R Y
:
' (b) to have failed to exercise a jurisdictio -
so vested; or
(c) to have acted in the exercise of its or
their jurisdiction illegally or with material irregu-
larity,
the High Court may make such order in the case as
to thinks' fit.
powerpf.the 92. (i) The Commissioner may either suo motu
Sft^caii 0 " or on an application, call for and examine the record
for records o f an y Deputy Commissioner or Assistant Commis -
J * $ sioner, or of any other Officer subordinate to him or
of any Executive Officer or any trustee of a charitable or
religious institution or endowment, other than a math, or a
specific endowment attached to a math, in respect of any
administrative or quasi-judicial decision taken or order
passed under this Act, but not being a proceeding in
respect of which a suit or an appeal or application, or
reference to a Court is pro vi ded by this Act to satisfy
himself as to the correctness, legality or propriety of
such decision or order taken or passed, and if in any case,
it appears to the Commissioner that such decision or order
should be modified, annulled, reversed or remitted for
reconsideration, he may pass orders accordingly.
(2) The Commissioner shall not pass any
order prejudicial to any party under sub-section
(1), without giving him an opportunity for making
representation.
(3) The Commissioner may stay the execution
of any decision or order of the nature referred to
in sub-section (1) pending the exercise of his powe rs
under the said sub-section in respect thereof.
(4) Every application to the Commissioner
for the exercise of his powers under this section
May 23, 1987 j A NDBKA PFADESH GAzt riE EXT RAORDINARY 10!

shall be preferred within ninety days from the date


on which the order or proceeding to which the
application relates was received by the applicant.

93, (1) The Government may either suo motu Po wer of or


on an application call for and famine the Governmentf
record of the Commissioner or any Deputy Commis - J^rds Sd
sioner or any Assistant Commissioner or any other pass orders.
Officer subordinate to them, or of any Executive Officer
or any trustee of a charitable or religious institution or
endowment, other than a math or specific endowment
attached to a math, in respect of any administrative or
quasi-judicial decision taken or order passed under this
Act, but Dot being a proceeding in respect of which a suit
or an appeal or application, or a reference to court is
provided by this Act, to satisfy themsel ves as to the
correctness, legality or propriety of such decision or order
taken or passed, and if in any case, it appears to the
Government that such decision or order should be modified,
annulled, reversed or remitted for reconsideration, they
may pass orders accordingly:

Provided t hat t he Go vernme nt shall not pass


any order prejudicial to any par ty unless he has
had an opportunity of making his representation,

(2) The Government may stay the execution


of any such decision or order pending the exercise
of their powers under sub-section (1) in respect
thereof.

(3) No application to the Government for the


exercise of their power under this section shall be
made in respect of any matter unless an application
had already been made in respect of the same matter
to the Commissioner under section 92 and had been
disposed of by him.
102 A NDHRA PRADESH GAZETTE EXT RAORDINARY {PARTIV-B

( 4 ) E v e r y a p c a p
t i o n l i t o t h e G
t h e e x -e r p c o i ws e e r os
t n h d e e i rrf t h u i s s e c t i o
s h a l l b e m a d e w i t h i n n i n e t y d a
o n w h i c h t h e d e - c i s i o n o r o r d e r t o
t i o r ne l a t e s w a s r e c e i v e d b y t j b i e a p p l
R e v i e w9 .4 . T h e G o v e r n m e n t m a y e i t h e r
o n a n a p p l i c a t i o n f r o t o a n y p e r s o
w i t h i n n i n e t y d a y s o t h e f p a s s i n g
s e c t i o n 9 3 , . r e v i e w a y s n
u c h o r d e
b yh e tm u n d e r a n y m i s t a k e , w h e t h e
l a w , o r i n i g n o r a n c e o f a n y m
p r o v i s i o n s - s ei nc t i to h n e ( p 1 r) o v a i ns od t o s u
s -u s eb c t i o n ( 2 ) o f s e c t i o n 9 3 , s h a l l
a n y p r o c e e d i n g » u n d e r t h i s s e c t i o n .

C H -A X PT TVI RE UR M A L A

T I RT UH PI AD E V A S T H A N A M S
9 5 T i l e
A p p l i <c a t i p( o 0 r n o v i s i o n s o f t h i s C h a p t e r s
t h e A c t t o a p p l y o n l y t o t h e T i r u m a l a T i
Tirumala
o J m- t h a ( 2 ) T h e o t h e r p r o v i s i o n s o f t h i s A c t s
m
- m s u b j e c t t o t t h h i es p r C o h v— a i s p i t o e nr , s o af p p l y

( 0 t o t h e T i r u m l a a T i r u p a t h i D e v a s t h
w h i c h s h a l l b e c o n
s t i t u t e d i n t o a s i n g l
i n s t i t u t i o n f o r t h e p u r p o s e o f i n c l u s i o n
p u b l i s h e d u n d e r c l a u s e ( a ) o f s e c t i o n 6

( i i ) e v t eo r y s p e c i f i c e n d o w m e n t a t t a c h e
ei t h e r t o t h e s a i d D e v a s t h a n a m s a s a w
a n y t e m p l e o r i n s t i t u t i o n t h e r e o f ;
a s i f a l l p o w
r s a n d e f
u n c t i o n s a
s i g s n e d
a D e p u t y C o m m i s s i o n e r o r a n A s s
i s t a n t C o
h a d b e e i i a s s i g n e d t o t h e C o m m i s s i o n e r i n
May 23, 1987] ANDHRA P RADESH GAZETTE EXTRAORDINARY 103

96. (1) There shall be a Board of Trustees Constitution.


constituted by the Government for the Tirumala
Tirupathi Devasthanams consisting of not more
than thirteen members, including the Chairman,
to be appointed by the Government, of whom —
(*) the ■ Commissioner shall be a member
ex-officio ;
(ii) the Executive Officer, shall be the Member
Secretary, ex-oflficio ;
(lii) one shall be a person belonging to (he
Scheduled Castes ;
(IF) one woman member to represent women.
(2) The persons appointed as members • under
sub-section (1) shall be persons professing Hindu
Religion.

Explanation :— In this section the expression


"Scheduled Castes" shall have the meaning assigned
to it in clause (24) of article 366 of the Constitution
of India.

97. (1) The administration of the Tirumala-Tiru- powers and^


pathi Devasthanams shall vest in the Board of Trustees Boanfof Oi
and the Board of Trustees shall for this purpose, Trustees,
in addition to the powers conferred and functions
entrusted to it by this Act, exercise such powers and
perform such functions, as may be prescribed.

(2) The Board of Trustees snail manage the


properties, funds and affairs of the Tirumala Tirupathi
Devasthanams and arrange for the conduct of the daily
worship and ceremonies and of the festivals in every
temple according to its custom and usage -
104 A NDHRA PRADESH GAZETTE EXT RAORDINARY [ PART IV-B

(3) The Board of Trustees shall have power to


fix fees for the performance of archana and of any
sendee or ritual or utsavam or ceremonies connected
with the Tirumala Tirupathi Devasthanams.
(4) The Board of Trustees shall have power to
call for such information and accounts as may ia its
opinion be necessary for reasonably satisfying itself
that the Tirumala Tirupathi Devasthanams are properly
maintained, the endowments thereof are properly
administered and their funds are duly appropriated, to
the purposes for which they were founded or exi st;
and the Exectuive Officer or other officers in possession
of such information or accounts shall, on such
requisition, furnish such information and accounts
to the Board of Trustees.
(5) The Board of Trustees shall exercise the
general superintendence and control over the admini
stration of the Tirumala Tirupathi Devasthanams.
(6) The Board of Trustees shall fix the dittamin
the Temples specified in the First Scheduled and the
endowments attached thereto and ths amounts to be
spent therefor in s uch manner and after following
such procedure as may be proscribed.
(7) The Board of Trustees may, subject to
such conditions and restrictions as it may lay down
delegate to the Executive Officer such of the power s
conferred on it by or under this Act, as it may consider
necessary.
Qualifica-
tions and 98. The provisions of sections 18 and* 19 shall
disqualifica-
tions for as far as may be apply in relation to the office o
Chairman the chairman and members of the Board of Trustees.
and member
of Board of
Trustees*
99. The Chairman and any other member of the
Term of
Office of Board of Trustees other t han an ex-offiaio member
Chairman
and members shall hold Office for a period of three years from
of the Board
of Irust ees . the date of appointment by the Government.
Mas 23,1987] A NDJI HA PR \O 5 SK GAZET T E EXT RAORDI NARY 105

100. Thfc Chairman or member shall not receive or chairman


be paid^any salary or other remuneration froni theSSt^ 0 "1 ****
funds of the Tirumala-Tiiupathi Devasthanams, except receive or■
such honororium or compensatory allowance or salary* or
travelling, daily and conveyance allowances as mav be other rtmu-
prescribed. * . ' neraliO!U
101. The Chairman or any member, other than Resignation
an ex-officio member may resign his office as the chairman or
member by giving notice in writing to the Executive Officer and
his office shall become vacant from the date of acceptance of
the same by the Government.
102. (1) A. member shall cease to hold office as^S° o f
such member if he has absented himself from three members,
consecutive meetings of Board of Trustees, without
obtaining the prior premission of the Chairman
therefor.
(2) Where1 a person is the Chairman or a member
of the Board of Trustees such person shall cease to be
such Chairman or member, if he ceases to be the
Chairman or the member of the Board of Trustees.
1 0 (3 U . T h e G o v e r n m - e J n^ St Sm Sa y , f o r g o o d a n d s u f
cient reason, suspend or remove the Chairman or aorofmember
chairman
member, other than an ex-officio member, after -
giving him an opportunity of showing cause against
such suspension or removal and after considering
explanation offered therefor.

(2) Pending the passing of an drder under


sub-section (1), the Government may suspend t he
Chairman or the member.
104. (1) Where the Chairman or a member casual vaca-
becomes subject to, any disqualification specified iaj^J^
section 1.9 or tenders resignation of his office and theor chairman
same is accepted by the Government under section 101 member.
or,ceases to be such member under section 102 or is
106 A KDHRA PRADESH GAZETTE EXT RAORDINARY [PART IV-B

removed under section 103, his office shall become


vacant,

(2) Where a casual vacancy occurs as. specified


in sub-section (1) or otherwise, the Government,
may fill the vacancy by appointing another person as
Chairman or member in his place in accordance with
the provisions of this Chapter and such Chairman or
member shall hold office only for the residue of the
term of office of his predecessor.
Dissolution
&nd recons- 105. (1) Where at any time it appears to the Govern-
litiition of
•Board of ment that the Board of Trustees has failed to perform
Trustees. its functions oi has exceeded or abused any of the
powers conferred upon it by or under this chapter,
the Government may, on the recommendation of the
Commissioner, by notification published in the
Andhra Pradesh Gazettee, dissol ve the Board of
Trustees from such date as may be specified therein.
an d c o ns t i t ut e ano t he r B o ar o o f Tr us t e e s ,
afresh in accordance with the provisions of this chapter

(2) Before issuing a notification under.sub-section


(1), the Government shall communicate to the Execu-
tive officer who is the Ex-Offirio member-Secretary
of the Board of Trustees the grounds on which thej
propose to do so, fix a reasonable time to enable
the Board of Trustees to show cause against the
proposal and consider its explanation or objection, if
sny.

(3) On receipt of such communication under


subjection (2), the Executive Officer shall place the
matter before an.extraordinary meeting of the Board
of Trustees specially convened tor the purpose and
communicate the explanation or objection ot the
Board ot Trustees wfaithin th© time fixed by the
Oovefnment in this behalf.
May 23. i.987] A NDHRA PRADESH OAZBTT E EXT RAORDINARY 107

(4) The Government may on consideration of


the explanation or objection of the Board of Trus
tees dissolve the Board of Trustees and cause all or
any of the powers and functions of the Board of Trus
tees to be exercised or performed by the Commissio
ner and Executive Officer, until! the Board.of Trus
tees/is reconstituted in accordance with the pxovi -
sionfc of this Chapter.

(5) With effect from the date specified for the


dissolution of the Bo ard of Trustees all its members
including the Chairman shall forthwith be deemed
to have vacated their offices as such.

106. (i) Suujeet to" the provisions of section 107, Appointment


the Government shall appoint an Executive offiow? joSt
Officer, a Joint Executive Officer, a Special Grade |^ rtiv e
Deputy Executive Officer, a Financial Advisor, a Chief gpedS
Accounts Officer, a Chief Engineer, a Chief Security cfeadei*..
•^/^ i A ~ r ^ c c p u t y - E x e c u
Officer and any other Officer. tive officer
(2) Every officer appointed under sub-section ApsofL^i
(1), shall be a person professing Hindu religion. founts
Officer etc.
(3) The conditions of service of the officers
•appointed under subjection (1) shall be such as may
be determined by *he Government.

(4) Every officer appointed under sub-section


(R shall be a whole time Officer of the Tirumala
Tinrpathi Devasthanams a.nd shall not underiake any
work unconnected with his office without the per
mission ot the Board of Trustees.

(5) Any officer appointed uader sub -section


(1) shall be paid out of the funds of the Tiramala
Tirupathi pevasthanams such'salary.as-- may* •from
time to time, be fixed by the Government, having
108 A NDHRA PRADESH GAZETTE EXT RAORDINAR/J [PART
IV.B

regard to the pay to which lie is eligib le in the ser-


vice of which he was a member before his appointment
as such.
!Q7, ( ]) A person to be appointed as Executive
app ointment Officer
of Executive • shall be one who is holding or has held a post of
the District Collector or a post not lower in rank
live Officer, than that of a District Collector in any other service
Special Grade jn t he State.
Executive
(2) A person to be appointed as Joint Execu-
Advisor an j tive Officer shall be one who is holding or has held
a post of a Joint District Collector or a post not
Account.* |ovver in rank than that of a Joint District Coll ector
in any other service in the State.
(3) A person to be appointed as Special Grade
Deputy Executive Officer shall be one who -has been
holding or has held a post of a Deputy Executive
Officer in the service of the Tirumala-Tirupathi
Devasthaiiiins for a period not less than five years
(4) A person to be appointed as a Financial
Advisor, and Chief Accounts Officer, z Chiei Engineer
a Chief Security Officer and any other Officer shall
be one possessing such qualifications as may be
Term of
prescribed.
108. The Executive Officer or a Joint Executive
officer and
Office appointed under sub -section (I) of section
106 shall hold office for a term of three years and he
s a 1 a so
officer. ^ ' ? ^e eligible for reappointment for another
term.
109>
Powers and
fb of
O) - -( a) T^e Executive .Officer shall be the
Chief Administrative Ofiieer of the Tiriimala-Tirupathi
Devasthanams and shall, subject to the guidance and
section 106. control of the Board of Trustees, have general power
to c ar r y out the other provisions of this Chapter.

(b) He, shall be responsible for .the. proper


maintenance and couscody of the records and pro -
perties of the Tirumala-Tirupathi Devasthanaras
May 25, 1987] A NDH RA P RADE SH GAZETT E EXT RAORDINARY

and shall arrange for the proper collection of the


offerings made in the temples specified in the First
Schedule.
(c) Save as otherwise provided in tfyis Chap-
ter he shall exercise such other powers and perform
such other functions as may be prescribed.
(2) The Executive Officer may delegate any of the
powers conferred on or functions entrusted to or dut-
ies imposed on him by or under this Chapter to the
Joint Executive Officer or Special Grade De puty Exe-
cutive Officer appointed under sub-section (1) of section
106 or to such other officer of the Tirumala Tiru-
pathi Devasthanams as the Executive Officer may
deem fit subject to such restrictions and control as
the .Government may, by special or gen eral order,
lay down and also subject to such limitations and
conditions, if any, as may be specified in. the order
of delegation.
(3) Every Officer appointed under sub-section
( I) of section 106 shall exercise the powers conferred
on and perform the funct ions entrusted to him by
or under this Chapter.
110. The Executive Officer may, in case of emergency
direct the execution of any work or the of £ kC doing of any act,
which Is not provided for in the offioer
Executive budget for the Year
and th^ immediate execution or -the doing of which is in
his opinion, necessary for the preservation of the properties
of the Tirumala-Tirupathi Devasthanams or lor the service
or safety of the pilgrims resorting to the Tirumala-Tirupathi
Devasthanams and may also direct that the expenses of
executing such work or doing the act shall be parid, from the
fund of the Tirumala-Tirupathi Devasthanams. The Executive
Officer shall forthwith report to the Board of Trustees the
action, take n under this cection and the' reasons
therefor.'
A NDHRA PRADE SH GAZETT E EXT RAORDINARY [PA-RT IV-B

0) Tiruraala-Tirupathi Devasthanams
shall have its own funds, the corpus of which,shall
include all the amounts received by it by way of do -
nations, gifts, Ranukas including offerings deposited
in Hundis and any income from any other source
and all payments, by Tirumala-Tirupathi Devastha-
nams shall" be made from the said funds.
(2) The said funds shall be operated by an
officer or officers authorised by the Board of Trustees
in such manner and s ubject to such conditions as
may be prescribed.

(3) All monies belonging to the funds of the


Tiruinala-Tirupathi Devasthanams shall be deposited
in such Bank or Treasury or be invested in such
securities in accordance with such guidelines as may
be issued by the Government in this behalf.
(4) The funds of the Tirumala-Tirupathi Deva
sthanams may be utilised for all or any of the follow
ing purposes and also for any other purpose permit
ted by any other provisions of this Act,—•
(/)■ the maintenance, management and ad-
ministration of the temples specified in the First
Schedule and the endowments and the properties
thereof including the conduct or performance of
religious rituals, functions and festivals connected
therewith ;
(u) tbe maintenance, management and
admitris'nrioni of the educational or other institutions
specified in-tbe Second Schedule and the endowments
and the properties thereof:
May23. 1987] A NDRRA PHUDE SH GAZETT E EXT RAORDINARY 111

(Hi) propagation of Hindu religion by way of


printing and publication of literature on religioa and
sale thereof at concessional price ;
(iv) propagation, promotion and popularisa-
tion of study ofvedas, Hindu religion, philosophy
or sastras, Indian Languages including Sanskrit,
Sculpture Hindu temple architecture and epigraphy;
(v) training of archakas to perform religious
worship &nd ceremonies and the training of adhya-
pakas and Yedaparayanikas ;
(vi) construction and maintenance of choul -
tries and rest houses for the use and accommodation
of the pilgrims ;
(vii) provision of water supply and ether
sanitary arrangements to the pilgrims and worshippers;
(viii) establishment and maintenance o f
hospitals and dispensaries for the relief of the pil-
grims and worshippers visiting the temples ;
(ix) construction and maintenance of roads
and communications and the lighting thereof for
the convenience of the pilgrims and worshippers ;
(x) acquisitio n of any land or other im-
movable property for the purpose of the Tiruinala-
Tirupathi Devasthanams, if such acquisition is 'autho -
rised by the Government ;

(xi) establishment and maintenance of dairy


farm and a veterinary hospital for the animals of the
Tiramala-Tirupattii Devasthanams. ; ■' : . .
(xii) any work or undertaking for purposes of
the Tirumala-Tirupathi Dovasthanams ¥ authorisedi
by.the Government; and
A NDHRA PRADESH GAZETTE EXT RAORDINARY (PART IV-B

(xiii) any other religions or charitable pur*


poses connected with or incidental to the Tirumala-
Tirupathi Devasthanams' as may be prescribed.
(5; The Tirumala-Tirupathi Devasthanams shall
every year, out of its funds set apart & sum of not less
than rupees seven lakhs towards the maintenance of
Sri Venkateswara University.
112. (I) It shall be lawful for the Board of
Trustees to establish an institution called * 4 the
Dharma Prachara Parishad " and to set apart every
year out of its funds a sum not less than rupees one
Jakh for the maintenance of the said parishad.

(2) Upon such establishment of the said pan-


T979. ° shad, the Hindu Dharma Rakshana Samstha
established under sub-section (1) of section 24 of the
Tirumala-Tirupathi Devasthanams Act, 1979 shall
stand abolished and the funds standing to its credit
and other assets of the said Samstha shall thereupon
vest with the Dharma Prachara Parishad established
under sub-section (1).
(3) The objects of the said Dharma Prachara
Parishad shall include —
{/) promotion and propagation of the Hindu
Dharma ;
(//) the establishment and maintenance of
institutions for imparting instructions in the Hindu
Dharma ;
(m) preparation, public ation and dissemi-
nation of literature relating to the Hindu Dharma ;
(zV) training of dharmacharyas, dharmapra-
ckrakas and such other personnel as may be required
for propagation of the Hindu Dharma ;
M a y 2 3 A , N 1 D9 H8 R7 A P R A D E S 1H 1 G3 A Z E T T E E X T R A O R D I N A

(v) establishment and maintenance of insti-


tutions for imparting training in vedas, Agamas and
Powrohityam and for conducting examinations for
awarding certificates in Veda, Agama and Powro-
hityam:
(vi) any other purpose connected with or
incidental to the aforesaid objects.
(4) Subject to such rules as may made by the
Government in this behalf the Board of Trustees
may make a regulations for the purpose of carrying
out the purposes aforesaid.
113. (1) It shall be lawful for the Board of Establish-
Trustees to establish an institution to be called "Sri ^v^.
Venkateswara Sishtacharya Vidya Samstha" and to teswara
make a foundation grant of such sum as it may think fit for
the said purpose in the name of the said Samstha, the
interest accrued from the proceeds of which may be
utilised for the purposes of the Samstha.
(2) The objects of the said Samstha shall include-

(i) the running of Gurukulas for imparting;


Vedic knowledge in the traditional manner;
(ii) the implementation of Niyamadhyayana
and Kumaradhyayana Schemes of imparting Vedic
knowledge;
(iii) the running of an upto date high level
institute of Vedic learning and research;
(iv) the giving of financial aid to indigent &
Vedic Schools and indigent Veda Scholars or Veda
Pandits;
8
114 ANDHBA PRADESH GAZETTE EXTRAORDINARY [PART IV-B

(v) the selection and training of Veda Pan-


dits for the various vedaparayana schemes of Tiru-
mala Tirupathi Devasthanams;
(vi) generally to attend to all matters per -
taining to the preservation and prorogation of Vedic
& studies by the Tirumala-Tirupathi Devasthanams;
and
(vii) any other matter incidental and rele -
vant to Vedic studies or Vedic knowledge.
Civic 114. (1) The Government may, from time to
Administra-
tion of time, notify in the Andhra Pradesh Gazette the limits
Timmala
Hills area.
of the Tirumala Hills area for the purposes of civic
administration.
(2) (a) The Government may, by notification
in the Andhra Pradesh Gazette declare that any of the
provisions of the Andhra Pradesh Grama Panchay-
Act 2 of ats Act, 1964 or of the Andhra Pradesh (Andhra
1964.
Area); Public Health Act, 1939 and the rules made
Act m of
1939. thereunder shall be extended to, and be in force
in the Tirumala Hills area as notified under s ub-
section (1) with such modifications not affecting
the substance as may be necessary or proper for
the purpose of adopting them to the Tirumala Hills
area; and any such notification may likewise be can-
celled or modified by a subsequent notification.
(b) Without prejudice to the generality of
the foregoing provisions,-
(i) the Tirumala Hills area as notified under
sub-section (1) shall be deemed to be a village for the
purposes of the Andhra Pradesh Gram Panchayats
Act 2 of
1964. Act, 1964 and a local area for the purpo ses of the
Act HI of
Andhra Pradesh (Andhra Area) Public Health Act,
1939. 1939;
May 23, 1987] A N DHRA PRADE SH GAZET T E. EXT RAO RDINA RY 115

(//) all references to a Gram Panchayat, the


Sarpanch,. Executi ve Officer or ExecutiveAct2 Authority
of
thereof in
the Andhra Pradesh Gram Panchcyats Act, i964
1964; and all
references to a Local Authority, Executive * Authority or
Executive Officer In the Andhra Pradesh Act ni of (Andhra Area)
Public Health Act, 1939, shall subject l m to the provisions of
sub-clauses (Hi) and (iv) be construed as references to the
Executive Officer in the said Tirumala Hills area ;
(Hi), any appeal provided for by or under the Andhia
Pradesh Gram Panchayats Act, 1964, from an Act 2 of order or
decision of the Sarpanch, Executive Authority i964 * or Executive
Officer of a Gram Panchayat to the Gram Panchayat, shall lie
instead to the "Commissioner of Panchayati Raj ;
(zv) any appeal provided for by or under the Andhra
Pradesh (Andhra Area) Public Health Act *<* f1 of 1939 from
an order or decision of the Executive Autho rity or Executive
Officer of a Local Authority to the Local Authority, shall lie
instead to the Director of Medical and Health Services.
(3) (a) Subject to such rules as may be prescribed 9
it shall be lawful for the Executive Officer by order to
prohibit within the Tirumala Hills area notified nuder
sub-section (1) or within the premises of the Tirumala
Tirupathi Devasthanams, specified in the First Sche -
dule as the case may be, -■
(0 begging by any person;
(ii) straying of any cattle, pigs or dogs;
'{in) possessionj use or consumption of any
intoxicating liquor or drug or cigarettes including
beedies and chuttas;
(zv) possession, preparation or consumption
of meat or other food-stuffs containing meat;
116 A NDBRA PRADESH GAZETTE EXT RAORDINARY [PART IV-B

(v) slaughter, killing or maiming any anima


or bird for any reason;
(vi) gaming with cards, dice, counters money
or other instruments of gaming;
(v/7) tonsuring or hair-cutting-or opening and
running of a hair-dressing saloon by any person other
than a person authorised or employed by the Execu-
tive Officer.
(b) Any person contravening an order made
by the Executive Officer under clause (a) shall be
punishable with imprisonment which may exte nd to
three months or with fine which may extend to five
hundred rupees or with both.
(c) Notwithstanding anything contained in the
central Act Code of Criminal Procedure 1973, an offence punish-
5 of 1974. able undei clause (b). shall be tried in a summary way
by a Magistrate of the First Class specially empowered
in this behalf by the Government.
id) The Executive Officer may accept from any
person who has'committed or is reasonably suspected
of having committed an Offence under clause (b) a sum
not exceeding five hundred rupees by way of coat -
pounding the offence which may have been committed.
ie) On receipt of the sum of money referred to
in clause (d) by the Executive Officer ;-
(z) the accused person, if in custody, shall be
discharged;
(//) no further proceedings shall be taken
against such person.
(4) (a) The Government may, by notification
published, in the Andhra Pradesh Gazette, authorise
the Executive Officer to levy tolls in the prescribed
May 2 3, 19S7-] ANDHRA PRADESH GAZETTE EXTRAORDINARY
117

manner In- respect of any road (including the ghat


road leading to Tirumala from Tirupathi) wwhich has
been or shall hereafter, be constructed wholly or
partly from the funds of the Tiramala Tirupat M
Devasthanams and situated within the Tirumala
Hills area as notified under sub-section (!) at such
rates and for such period as may be specified in the
notification.
(b) The Executive Officer may— (0 place the
collection of such tools under
the management of such persons as may appear to
him proper ; or
(ii) farm out such collections on such terms
and conditions as he m ay t hi nk fit.
(e) The provisions of sections 3,4,5,6 and ^ 7
of the Indian Tools Act, 1851 in force for the time ^
being in the State shall apply to the collection-of such
tools and t he perosons under whose m anagement the
collection of such tools rnay be placed, as well as the
persons to whom such collections may be farmed out
and their agents and servants shall be deemed to be
pe rsons appointed to collect tools within the meaning
of that Act.
115. (1) Where the Board of Trustees by g
resolution passeed in that behalf requests the Govern--meat to
ment to take o ver or arrange for the tr ansfer to anyggw
other authority of the control and management of control and
any educational or other institutions specified in the™ggg™
Second Schedule, the Government may, by notifi- institutions
cation publis hed in the Andhr a Pr ades h Gazette, J ggg*
take over itself, or transfer to any local or other Ti
authority the control and management of any or aU'J of the
educational or other institutions specified in the Second
Schedule from such date as may be specifieci in the said
notification ; and fron?. the date
118 ANDSRA PRADESH GZAZETTE EXT RAORDINARY [PART IV-B

so notified it shall be oepn to the Government o T


the local or other authority as the case may be to
control and manage the said educational or other
institution and all the properties and asset s of the
Tirumala Tdrupathi Devasthanams pertaining to or
intended to be used for every such educational or
other institution shall stand transferred to and vest
in the Government or the local or other authority as
the case may be free from all encumbranc es.
(2) Notwithstanding any contract or agreement
or any law for the time being in force every teacher
or other person employed in any' of the said educa-
tional or other institutions immediately before the
date on which the control and management thereof
is taken over by the Government or the local or ptAer
authority shall as from the said date be deemed to be
an employee of the Government or such local or
other authority and shall hold office on the same
remuneration and upon the same terms and ccnditio&s
and with the same rights and privileges as to pension
gratuity and other matters as he would have held
under the Tirumala Timpathi Devasthanams until
his remuneration terms and conditions of servcie
are duly altered by the Government :
Provided that every such employee shall within
a period of three months or such other period
beyond three months as may be specified by the
Government by a notification published in the Andhra
Pradesh Gazette from the date of taking over of the
control and management of the e ducational or other
institutions exercise his option either to be retrenched
fimo the service on receipt of such retrenchement
benefits as may be prescribed or to be absorbed in
the service of the Government or local or other autho -
rity as the case may be with effect from the said
date and shall be governed by the terms and condi -
tions governing the said service which shall not b£
less favourable than those applicable to such employee
prior to the said date.
M ay 23 ,, 19 87 ANDHRA PRADESH GAZETTE EXTRAORDINAEY
119

116. (i) The Executive Officer shall, in each fi-Budget.


nancial year, ( hereinafter referred to as the said year)
not latter than the 15th January of the said year,
frame and place before the Board of Trustees, the
budget showing the probable receipts and expenditure
during the following financial year, and the Board of
Trustees shall, within fifteen days of the date on which
the budget is placed before it, approve the same, with
or without modifications, at such meeting and forward
sufficient number of copies of such budget to the
Government before the end of February of the said
year.
(2) The Government may sanction the budget
with such modifications, if any, as they may deem
fit.
(3) If, for any reason, the budget is not sanc
tioned by the Government before end of March of
the said year, the Board of Trustees shall be com
petent to incur for each of the months of April and
May of the following financial year an expenditure
equivalent to one-twelfth of the expenditure pro
vided under each head, for the said year.
(4) The Board of Trustees shall be competent
to reappropriate such amount, as may be neces
sary, from one head of account to another head of
account, subject to the condition that the amount
so reappropriated under each head of account shall
not exceed the amount originally sanctioned in the
budget for the said year by more than fifteen per-
centum under that head of account Without prior
approval of the Government;
Provided that a report regarding the reappropri-
ation of any amount as aforesaid shall be forwarded
to the Government for their ratification before the
prescribed date.
120 ANDHRA PRADESH GAZETTE EXTRAORDINARY [P A RT IV-B

(5) The Board of Trustees may forward a sup


plementary budget for sanction of the Government
in such form and before such date as may be pre
scribed and the provisions of sub-sections (2) and
(4) shall apply to such supplementary budget.
(6) (a) Every budget shall make an adequate
provision for
(i) the due performance of the objects of the
Tirumala Tirupathi Devasthanams and the proper
performance of and the remuneration for the ser-
vices therein including the dittam for the time being
in force;
(ii) the due discharge of all liabilities and
subsisting commitments binding on the Tirumala
Tirupathi Devasthanams;
(iii) the maintenance of the working bal-
ance;
(iv) the arrangement to be made for secur-
ing the health, safety or convenience of the pilgrims,
worshippers or other persons resorting to the Tiru-
mala Tirupathi Devasthanams;
Provided that the provision made under this
item shall not be less than forty percentum of the
balance of the income for the financial year main-
tained after making provision for items (i), (ii) and
(iii) above;
(v) the contribution to the reserve fund
of the Tirumala Tirupathi Devasthanams at ten
percentum of balance referred to in the proviso to
item (iv) above;
(vi) the construction, repair, renovation and
improvement of the Tirumala Tirupathi Devasthanams
and the buildings connected therewith:
May 23, 1987] A N DHRA P RADE SH GA ZETT B EXT RAO RDINA RY 12I

Provided that the provision made under this item


shall not be less than thirty per centum of the balance
of income for the financial year maintained after
making provision for itmes (i), (//), (iii\ and (iv) above.

(b) The. budget shall also make provision for the payment
of an amount equivalent to five per centum of . the balance
referred to in the proviso to item (iv) of clause (a), to the
Common Good Fund created under section 70.
117. (1) The Financial Advisor and Chief Accounts ACCOMS md
Officer shall keep regular accounts of all receipts and A udit *
disbursements for each financial year separately in such
form and containing such particulars as may be prescribed.

(2) (a) The accounts of the Tirumala Tiru-


pathi Devasthanams shall'be audited annually or if the
Government so directs in any case at short intervals.

(b) The audit referred to in clause (a) shall be


made by auditor appointed by the Government for the
purpose and: the auditor shall seikt a report to the
Govemme&t containing such particulars as may be
prescribed.

(3) It shall be the duty of the Financial Advisor


and Chief Accoiinis^Slfice^ and all officers and servants
woikiog under him to afford the auditor all such
assistaJice and facilities as may be necessary lot the
audit of the accounts of the Tirumala Tirupathi

(4) The rempaeration payable to such, auditor


anal t£te cost of audit sfeall be? paid in tibe first instance
omt of the Consolidated Fund of the State and sub-
seqwntly reirobmrscd from thte funds of the rirumala
T^rupatlii Devasthanams,
122 A NDHRA PRADESH GAZETTE EXT RAORDINARY [PART .IV-B

Encroach- ng. The provisions In sections 83, 84, 85 and 86


men
* shall apply to TIrumala Tirupathi Devasthanams
subject to the condition that the powers of Deputy
Commissioner therein shall be exercised by the
Commissioner.
Enquiries. 119, The provisions in section 87 shall apply
to Tirumala Tirupathi Devasthanams subjectto the
condition that the powers of the Deputy Commissioner
therein shall be exercised by the Commissioner.
Appeals. 120. Any person aggrieved may, within ninety
days from the date of receipt by him of an order,
appeal against such order, where it is passed by—
(i) the Joint Executive Officer or Executive
Officer under any provision of this chapter or any
rules made thereunder, to the Board of Trustees;
[if) the Board of Trustees under any provision
of this chapter or any rules made thereunder, to the
Government:
Provided that where an appeal against an order
of the Executive Officer is being heard by the Board
of Trustees, the Executive Officer shall not participate
in the deliberations of the Board of Trustees in relation
to the said appeal.

Revision. 121. (1) The Go vernment may, either suo motu


or on an application call for and examine the records
from the Board of-Trustees-or'the Commissioner in
respect of any administrative or quasi judicial decision
taken or order passed under this chapter to satisfy
themselves as to the correctness, legality or propriety
of such decision pfr order, taken or passed and If in
any^ case it appears to the Government that snch
decision or order should be modified, annulled, reversed
or remitted for reconsideration they may pass orders
accordingly:
May 23 S 1987] A N DHRA P RADE SH GAZET T E EXT HAORDIHAKY 123

Provided that every application to the Go vernment


for the exercise of the powers under this section shall
be preferred within ninety days from the datp on which
the decision or order to which an application relates
was communicated to the applicant:
Provided further that the Government shall not
pass .any order adversely affecting any person unless
such person has been given an opportunity of making
his representation.
(2) The Go vernment may stay the execution
of any such decision or or$er pending the exercise
of thier powers under sub-section (1) in respect
thereof.
122. (1) The Government may either suo niotu or Review.
on an application from any person interested made
within ninety days of the passing of the order under
section 120 or section 121, review any such order if
it was passed by them under any mistake, whether
of fact or of law or in ignorance of any material fact:
Provided that the Government shall not pass any
order adversely affecting any person unless such
person has been gi ve n an opportunity of making
his representation.
(2) The Go vernment (nay stay the execution
of any such decision or order, pending the exercise
of their powers under sub-section(l) in respect thereof.
123. (1) Any person intending to sell his landM&t of pro-
situated in Tirumala Hills area shall first give notice empt loa*
to the Executive officer of his intention to sell such
land, requiring him to exercise his option to purchase
the land. The particulars to be specified in the notice
and the time within which the option shall be exer -
cised by the Executive officei shall be such as may be
prescribed.
(2) If the Executive Officer exercises his option
to purchase the land and there is an agreement between
the person md the Executive Officer in regard to the
price payable, the person shall sell the land to the
124 A NDHRA PRADESH ^GAZETTE EXT RAORDINARY [P A RT IV- B

Tirumala Tirupathi Devasthanams in accordance with


such agreement.

(3) Where the Executive Officer exercises his


option to purchase the land but there is no agreement
in regaid to the price payable, the* Executive Officer
may apply to the Revenue Divisional Officer for the
determination of reasonable price of such land ;
and the Revenue Divisional Officer shall, after giving
riotice to the person and after making such inquiry as
he thinks fit, deter mine the reasonable price :

Provided that where the land is not sold to any other


person within a period of two years from the date
of notice given under sub-section (1) the person shall
Dot sell the land thereafter without giving a fresh
option under this section to the Executive Officer to
purchafe thd land.

(4) Any sale of the land by the person in contra-


vention of this section shall be voidable at the optioi)
of the Executive Officer.

oath of office j 24. Before the Chairman or a member of the


Board of Trustees enters upon his office, the Executive
Officer or any other officer authorised by him in this
behalf shall administer to the Chairman or member
the oath of office and secrecy *as may be prescribed.

a- 125. Within three months after the close of each doo


report. £^^1 y e a r j ^ Executi ve Officer shall siibmit to the
Board of Trustees a report on the administra tion of the affairs
of the Tirumala Tiriipathi Devastha-nams during that yeaf in
such form as the Government may determine. The Boaid of
Trustees shall review the report and submit a copy of the
same to the Government with its remarks thereon.
May 23, 1987] A NDH RA P RADE SH GA ZETT E EXT RAO RDIN ARY 125
M
126. (1) Every meeting of the Board of Trustees ^m of
shall be presided o ver by the Chairman and in hisTr !S? o f
absence by the Commissioner.
(2) The quorum for a meeting of the Board of
Tr uste es shall be five of which one shall be the
Chairman or the Commissioner.
.(3). All decisions at the meeting of the Board
of Trustees shall be by a majority vote :
Provided that in the event of tie, the Chairman
or the Commissioner who presides over the mee tings
shall have casting vote.
(4) The Board of Trustees shall meet atleast
once in every month.
127. No act or proceeding of the Board of Trustees Acts .of the
shall be deemed to be i nvalid by reason onl y of a ^i f J
defect in its constitution or on the ground that the Board of
Trustees or any member thereof, as the case may be, was not
entitled to hold or continue in such office by reason of any
disqualification or by reason of any irregularity or illegality in
his appointment or by reason of such act or proceeding
having been done or conducted during the period of any
vacancy in the office of the Chiarman or member.
126. A NDHRA PRADE SH GAZETTE EXT RAORDINARY [P A RT ,IV-B

any person claiming in good faith to be in possession


on his own account or by virtue of some right inde -
pendent of t hat of t he Tir um ala Tir upat hi
Devasthanams make an order that the Board of
Trustees be put into possession. Such order shall,
subject to the result of any suit wjhich may be filed to
establish the right to the possession of the property,
be final.
othlrieli 129* T n a11 su }ts and °P-0T i(r&a!l proceedings by proceed-r
or against the Tirumala Tirupthi Devasthanams the ^Si °
P^dings shall be signed and verified by the Executive Officer
and all processes in such suits and proceedings shall be issued to
or served on the Executive Officer.
130* The costs, charges and expenses of, and
etc. incidental to, any suit, appeal or application to a
court under this chapter shall be in the discretion of
the court which may direct* the whole or any part of
such costs, charges and expenses to be met from the
funds of the Tirumala Tirupathi Devasthan ams or to be
borne and paid in such manner and by such persons as
it thinks fit :
Provided that all costs, charges and expenses
incurred by the Government or the Board of Trustees
in connection with any legal proceedings required in
the interests of the Tirumala Tirupathi Devasthanams
shall be payable out of the funds of the Tirumala
Tirupathi Devasthanams.
Annual
p€etMUL
ins- 131. (1) Notwithstanding any of the provisions
of this chapter, the Executive Officer shall furnish the
copies of all the statutory returns, approved Budget, Audit
Report and of all other correspondence made to Government
for information of the Commissioner •
(2) The Commissioner, shall annual ly inspect
the Tiramala Tirupathi Devasthanams and submit
report to the Government.
May 23, 1987] A NDHRA P RADE SH GAZET T E EXT RAO RDINA RY 127

CHAPTER—XV.
MISCELLANEOUS.
132. (1) The Commissioner shall have power Power of
at any stage to transfer any proceeding pending be - ne^trant-
fore a Regional Joint Commissioner, Deputy Com- fermgs
proceed-
et c
missioner or an Assistant Commissioner either to his "
own file, or to another Regional Joint Commissioner,
Deputy Commissioner or Assistant Commissioners
as the case may be, for disposal.

(2) Any person aggrieved by an o rder passed


by the Commissioner under sub-section (1) may
appeal to the Government who may pass such orders
thereon as they may deem fit.
133. (1) Where a person, who — Duty of
trustees,
(a) is or has been a trustee on the ground of overcharge
succession of an institution or endowment ; or ^d U pr<? s
cedure for
(b) is appointed as trustee, Executive Officer, £^25^*
Office-holder or servant of such institution or of institution
endowment ; or
(c) is appointed to discharge the functions
of a trustee of such institution or endowment in
accordance with the provisions of this Act, in any
scheme in force at the time of commencement of
this Act,
ceases to be such hereditary trustee, trustee
Executive Officer, Office-holder or servant or ceases,
to discharge the functions of the trustee (herein -
after referred to as the "ex-office-holder"), on account
of the expiry of his term of office or by reason of his
suspension, removal or dismissal from office, it
shall be the duty of such ex-office-holder* to hand
over charge of his office and deliver possession of the
records, accounts, properties of the institution of
128 A NDHRA PRADE SH GAZETTE EXT RAORDINARY [ PART IV- B

endowment including cash to the person who suc-


ceeds him or is appointed in his place -.(hereinafter.
called the 'successor') or to the Executive-Officer
within seven days from the date of service in the
prescribed manner of the order directing him to hand-
over charge of the office to his*successor or to the
Executive Officer, and if he fails to do so without
sufficient came, he shall be punishable with fine
which may extend to one thousand rupees.

(2) (a) Wiiere the successor or the Executive


Officer is resisted in or prevented from, abtaining the
possession of the records, accounts or properties of
the institution or endowment by such ex-office-hol-
der or by any person claiming or deriving title from
him or by any person who Is otherwise not entitled
to be in such possession, any Magistrate of the First
Class having jurisdiction shall, on an application
made by the successor or the Executive Officer, by
an ^order after notice to the ex^office-holder direct
delivery of the possession of such records, accounts
and properties of the institution or endowment, to
the successor or to the Executive Officer within the
time specified in such order.
(b) Every application made under clause («*)
shall be accompanied by a certified copy of the order
of appointment of the successor along with a certi-
ficate issued by the Commissioner in such forua and
after fallowing such procedure as may be prescribed
stating that the records* accounts aiid properties
modified therein bdcuag to the iisstitutida or eodow-
mart.
May 23, 1987] A NDHRA P RADE SH GAZETT E EXT RAORDINARY 129

trate und.er-sub-sectioii (2), he shall be punishable


with imprisonment which may extend td six months or
with fine which may extend to two thousand rupees or
with both ; and the Magistrate shal l cause the posses-
sion of the records, accounts or properties to be
delivered to the successor, taking such police assis*
tance as may be necessary.

(4) The order of appointment of the successor


and the certificate referred to in clause (b) of sub
section (2) shall not be called in question in the pro
ceedings before the Magistrate under this secd~p.
(5) Nothing in this section shall bar die insti
tution of a suit in a competent court by any persons
aggrieved by an order under this section for establish
ing his title to the properties specified in the certi
ficate referred to in sub-section (2).
134. A trustee or an Executive Officer ox other Truaee out
person who is in-charge of ^the administration of a *?* eildo
charitable or religious institution or endowment, m £££
wit fc
shall not lend or borrow money on behalf of thesanctlon ° ut
charitable or religious institution or endowment, *
except with the sanction of such authority, and sub
ject to such conditions, as may be prescribed.

135. Where at any time it appears to the Gov- Ul


eminent that any Board of Trustees has failed to af^
perform its functions or has exceeded or abused any
of the powers conferred upon it by or under this Act
resulting in material loss or loss of prestige to the
institution or endowment, the Go vernment m ay
communicate the particulars thereof to the Board
of Trustees and if the Bo^rd of Trusts fails to remedy
such defect, excess, or abpse or to give a satisfactory
explaiiatioii thereforvrithin such tiine as the Govern
ment may f ix in t his behalf, the Oovernment m ay
dissolve the Board of Trustees.
130 A NBHRA PRADESH GAZBTT S..EXT RAORDINARY [P A RT IV-B

l T h e cm t s
^ i ) > phar ges and e xpe nse s of
and incidental to any -suit, appeal or application to
a Court under this Act shall be in the discretion of
the court which, may, subject to the provisions of
section 67, direct the whole or an^ part of such costs,
charges and expenses to be jaet from die property or
income of the charitable or religious institution or
endowment concerned or to be borne and paid in
such manner and by such person as it thinks fit.

(2) The costs, charges and expenses of and in-


cidental to, any appeal, application or other proceed-
ings before the Government, Commissioner, Addi -
tional Commissioner or Joint Commissioner or Re -
gional Joint Commissioner, Deputy Commissioner
or an Assistant Commissioner, as the case may be,
shall be in their discretion, and they shall have powei
to determine by whom or out of what funds and to
which extent such costs, charges and expenses are to
be paid ; and the order passed in this regard may be
transferred to the Revenue ^Divisional Officer for
recovery of such amounts as arrears of land
revenue.
Appomtmm *37 - Where the Board of Trtistees have ceased
of speeded to function after the expiration of its term or where
Gowmme^ the Board of Trustees has been dissolved under section
in certaia 135, the Government may, for reasons to be
cascs
* fecorded, appoint a ^eclffed authority and cause any or
all xrf $*e powers and fundions of the Board of Trustees to
fap m%&s®dmd perfjbtmed by such speci-fi«i authority for
such period mot exceeding one year as they mfy i&mk fit.

public cm. 138- Hot^th^nding any thing in any law, the


cm to f^ Commissioner, AtiflitiQiial C^imiissioBer, Regional
* Joint C^iffiiiissidi^^ or Assistant
Cotttinissioner ^lisfll IKIVO power to xejuire any person
j j g cutody of any record, regtster, report or
M a y 23, 198 7] A N HDH SA P RA DE S GAZET I B EXT RAO RDIN A RY BI

other document relating to a charitable or religious


institution or endowment or any movable or immo -
vable property of such institution or endowment, to
furnish copies of, or extracts from any such document
and every such person ,shall, on such requisition
furnish them.
139, The Commissioner, Additional Commis- Power to
sioner, Regional Joint Commissioner, Deputy Com«?aterand
missioner or an Assistant Commissioner shall, sub-iDspoct '
ject to such conditions and restrictions as may be
prescribed, be entitled to enter at any time between
9-00 A.M. and 6-00 P. M. any premises of the institu-
tion or endowment and to inspect in any public office
any record, register or other document or any
movable or immovable property relating to a chari -
table or religious institution or endowment.
140, (1) Notwithstanding anything m any other R<
law for the time-being in force, where under any will,""
a request has been made in favour of a charitable or.
religious institution or endowment or such institution ?l
or endowment is created, it shall be the duty of the
executor under the will and also the registration
authority to forward a copy thereof to the Assistant
Commissioner within whose jurisdictio n such will
was or is required to be registered, and in the case of
Tirumala Tirupathi Devasthanams to tho Executive
Officer,
(2) No probate of any sucli will or letters of
administration with such wiE annexed shall b© gran-
ted by any court unless it is satisfied that a copy of
such will has bem forwarded ta the autlwrities as
provided by sub-section (1).
14L Without prejudice to the provisions of the court fee to
Andhra Pradesh Court fees and Suits Valuation Act, ]£j
1956, the proper fees chargeable .int.. respect of the ^
documents described, in column (2) of the Third Schedule
shall be tho fees indicated m colunaii (3) thereof*
132 A NDHRA PHABE SH GAZETTE EXT RAORDINARY [P ART IV-

Savings. 1 4 "2 . N i on tg h i n t h— i s A c t s h a l l
{ a a )f f e c t . a n y h o n o
u r t o w h i c h a n y . p e r s
e n t i t l e d b y c u s t o m ,t h e p e r f o r m a n c e , o f o r
w i t h t h e r e l i g i o u s w o r s h i p , c e r e m o n i e s a n
r e l i g i o n s i n s t i t u t i o n s a c c o r d i n g t o . t h e s a m
a n d A g a m as us c hf o l i l n o( sb w t ) i e t ud t i oi n n s ; o r
a u t h o r i s e a n y i n t e r f e r e n c e w i t h t h e r
s p i r i t u a l f u n c t i o n s o f t h e h e a d o f a m a t
t h o s e r e l a t i n g t o t h e i m p a r t i n g o f r e l i g i o u s
o r r e n d e r i n g o f s p i r i t u a l s e r v i c e .
Property of
charitable or 1 4 N3 . o t h i n g i n a f n o y r l t a h we o f l i m i t a t i o n
religious
institution or
t i m e b e i n g i n f o r c e s h a l l b e d e e m e d t o v e
endowment p e r s o n t h e p r o p e r t y o r f u n d s o f a n y c h a
not to vest
under the law.
r e l i g i o u s i n s t i t u t i o n o r e n d o w m e n t w h i c
of limitation v e s t e d i n s u c h p e r s o n o r h i s p r e d e c e s s o r i
after com-
mencement
f o r e t h e 3 0 t h Sn e d p h t r e a m A b r e e r a, 1 9 5 1 i n t h e A
Act. o f t h e S t a t e a n d t h e 2 6 t h J a n u a r y , 1 9 6 7 i n t h
n g a r e a o f t h e S t a t e .
Abolition of
Shares in 1 4 N4 . o t w i t h s t a n d i n g a n y j u d g e m e n t , d e
Hundi and
other o r o r d e r o f a n y C o u r t , T r i b u n a l o r o t h e r
rusams. o r i n a n y s c h e m e , c u s t o m , u s a g e o r a g r e e m
a n y m a n bu ya l a p n r y e pi n a s r te i d t u t i o n o r i n a n y
F a r n i a n a o r S a n a d o r a n y d e e d o r o r d e r o f t h
m e n t t o t h e c o n t r a r y g o v e r n i n g a n y
o r r e l i g i o u s i n s t i t u t i o n o r e n d o w m e n t ,
w h i c h a r e p a y a b l e o r b e i n g p a i d o r g i v e n o
a t t h e n cc e o mm e m n et o f t h i s A c t t o a n y T r u s t e e
D h a r ms M a k u a t a r tw h a l l i , a n y o f f i c e h o l d e r o r
s e r v a n t i n c l u d i n g a n A r c h a k a o r M i r a s i d a r
o r s h a r e s , i n t h e K a n u k a s o f f e r e d e i t h e r
i n c a s h o r b o t h b y t h e d e v o t e e s e i t h e r i
P l a ot e t h q e r r w i s e , o r a n y r u s u m i n t h e A r c h a n
S e v a t i c k e t s a n d t i c k e t s F o r t o n s u r i n g o r a n
c o l l e c t e d f r o m t h e p e r s o n f o r t h e p e r f o
m a r r i a g e o r I J p a n a y a n a m a n d t h e l i k e , a l l
m a d e i n t h e p r e m i s e s o f t h e T e m p l e o r a t s
a sm a y b e s p e c i f i e d b y t h e T r u s t y P r a s a d a
May 23, 198.7] .A NDH RA P RADE SH GA ZETT E EXT RAO RDI NARY 133

Panyarams offered either by the Temple or devotee*


and such other kinds of offerings, all shares in the
lands of the institution or endowment allotted or
allowed to be in possession and e njoyment of any
archaka, office holder or servant towards remuneration
or otherwise for rendering service and for defraying the
Taditharam' and other expenses connected with the
service or management of the Temple, shall stand
abolished with effect on and from the commence-
ment of t his Act
Explanation :—-For' t h e puiposes of this sub-
section, the cooked rice or such other things offered
to the diety towards "Nitya Nyvedyam" alone as per
the dittam, permitted by the Executi ve Officer or
trustee to be appropri ated by the Archaka or other
servants of the temple shall not be considered as
offerings,
145. (IV Where the Commissioner has reason Adoption m
to believe that any religious institution is not capable \ of
maintaining out of its funds, he may, in the i nterest i of proper
management or administration^ subject t such restrictions
and conditions as he may deem fit, direct the amalgamation
or as the case may be, the adoption of such religious
institution by any other religious institution having similar
objects and capable of managing sucji institution and
thereupon the trustee of the institution to which it is
amalgamated or by which it is adopted shall maintain and
administer such institution.
(2) On such amalgamation or adoption the
institutions shall, be deemed to comprise a single
institution and administered as if they were a single
institution published under section .6.

(3) where the institution so amalgamated or


as the case may be adopted :-;iiiuter' sub-section (1),
subsequently found to be capable of being managed
134 A NDHRA PRADE SH GA ZETT E EXT RAO RDI NA RY [P ART IV B

by itself, the Commissioner may in the interest of


proper management of administration, revoke the
orders issued under sub-section (I), and thereupon
the institution shall manage its affai rs independently
out of its funds.

(4) An appeal shall lie to the Government


against the orders passed by the Commissioner under
sub-section (1) or sub-section (3).
May 23. 1987 ] A NDHRA PRADE SH GAZETT E EXT RAORDINARY 135

the commissioner, the Additional Commissioner,


the Regional Joint Commissioner, the Deputy Com-
missioner or the Assistant Commissioner may require;
or
(c) refuses to permit, or causes obstruction
to, or inspection by the Commissioner, Additional
Commissioner, Joint Commissioner, Regional Joint
Commissioner, Deputy Commissioner, or an Assis -
tant Commissioner, of any movable or immovable
property belonging to or of any records, correspon-
dence, plans, accounts and other documents relating
to the institution of endowment, neglects or fails to
produce them for inspection; the trustee or where
there is more than one trustee, each of the trustees
shall be punishable with fine which may extend to
two hundred rupees, and in case the act or defa It
complained of continues for more than one morith
with a further fine which may extend to one hun<df eel
rupees for every week or part thereof during wtii#
the act or default so continues.

(2) No Court shall take cogniance- of a11


offence punishable under sub-section (1), except on
the compl aint i n writing of t he Co mmissioner -

(3) No offence punishable under sub-section


(1) shall be enquired into or tried by any Court inferior
to that of a Magistrate of the Fi rst class.

(4) The Com missioner may accept from an


trustee who has committed or is reasonably sus
pected of having committed any of the offences refer
ted to in sub-section (1), by way of composition of
such offence, a sum of mo ney upt mceedi ng ow
thousand rupees.
A NDH RA PRADE SH GAZET T E EXT RAORDCNA RY [PA RT IV-B

(5) Any fine imposed under sub -section (1)


or any money payable by way of composition under
sub-section (4) shall be paid by the trustee from his
own funds and not from the funds of the institution
concerned.
148* (!) The Revenue Divisional Officer or the
Deputy Commissioner within whose jurisdiction any
property of the trustee or other person from whom
asi amount is recoverable by way of surcharge under
tlie provisions of this Act is situated shall, on a re-
quisition made by the Commissioner, recover such
amount as if it were an arrear of land revenue and pay
the same to the charitable or religious institu -
tion or endowment concerned.

m (2) Where the trustee fails to pay the contri -


bution and other costs due to the Government within
the time allowed, the Revenue Divisional Officer or
the Deputy Commissioner within whose jurisdic tion
any property of the institution or endowment is
situate, shall on requisition made to him in the
prescribed manner by the Commissioner and sub-
ject to the provisions of this section recover such
amount as if it were an arrear of land revenue.

(3) (a) on receipt of a requisition under sub-


sections (1) and (2) the Revenue Divisional Officer or
the Deputy Commissioner shall issue a notice to the
trustee or other person concerned—

(f) requiring him to pay within fifteen


days from the date df service thereof, the amount
mentioned in the requisition and specific in the
notice ; and

. ^^)- stftting': iiiat on default, such amount


will m recovered as if it were an arrear of land
revenue.
May 23, 1987] " A NDHRA PRADE SH GAZETT E ■ EXT RAORDINARY 137

(b) if, within the period of fifteen days afore -


said the amount demanded is not paid, the Revenue
Divisional Officer or Deputy Commissioner shall
proceed to recover the amount specified in the notice
together with the charges of collection, as if it were
an arrear of l and re ve nue.
(4) The Revenue Divisional Officer or the
Deputy Commissioner shall on receipt of a requisi
tion under sub-section (2) withheld the amount men
tioned therein out of the tasdik or any other allo
wance or amount payable by the Government to the
institution or endowment concerned and where the
tasdik or other allowance or amount is
insufficient for the purpose, the Revenue Divisional
Officer or the Deputy Commissioner shall withhold
the allowance of amount available and recover the
balance as if it were an arrear of land revenue.
(5) Places of worship including temples, tanks
and places where Utsavas are performed, Idols,
Vahanams, Jewels and such vessels, and other articles
of the. institution or endowment as may bp necessary
in accordance with the usage of the institution or
endowment for purposes of worship or processions
shall not be liable to be proceeded against in
pursuance of sub-sections (2), (3) and (4).

(6) Instead of selling the property under the


provisions of the Andhra Pradesh Revenue Recovery A^ ^
Act, 1864, it shall be open to the Revenue Divisional \$U
Officer or the Deputy Commissioner at the instance
of the Commissioner to appoint a receiver to take
possession of the property or such portion thereof
as may be necessary and collect the income thereof
until the amount to be recovered is realised. The
remuneration, if any, paid to the fteceiyer and the
other expenses incurred by Mm shall be paid oxrt
138 A NDHRA PRADE SH GAZETT E EXT RAORDINARY [ PART IY-B

o f t h e i n s t i t u t i o n o r e n d o w m e n t c
a f t e r p r o v i d i n g f o r t h e p u r p o s e s s p e c i f i e d
o f c l a u s- s e e c ( ot i ) o no f ( 2s u) b o f s e c t i o n 5 7 .

( 7 N) o s u i t , p r o s e c u t i o n o r
t h e r o
l e g a l p r o c e
i n s g hs a l l b e n e an c yt o e u r rt at i o n f e dl a , w i n a
i n s t g a
t h e G o v e r n m e n t o r a n y o f f i c e r o r o t h e r e m
t h e G o v e r n m e n t f o r a n y t h i n g d o n e o r i n t e n
d o n e i n g o o d f a i t h i n p u r s u a n c e o f t h i s s e c

( 8 T) h e p o w e r s e x e r c i s a b l e b y t h e R e v e
D i v i s f i i o c n e ar ,l O 0 1f t h e D e p u t y C m o m i s s i o n e
u n d e r t h i s s e c t i o n , e x c e p t t h e p o w e r t o
R e c e i v e - sr e c u t in o d n e r ( s6 u ) b s h a l l a l s o b e
o x e r c i s a b l e b y a n y o t h e r o f f i c e r n o t b e l o w
o f a M a n d a l R e v e n u e O f f i c e r o r a n A s s i s t
m i s s i o n e r a u t h o r i s e d b y t h e R e v e n u e D
O f f i c e r o r b y t h -te h eD ce ap su e t y C o m m i s s i o n e r a
m a y b e i n t h i s b e h a l f .

1 4 9 . ( 1 ) W h e r e a C o m m i s s i o n e r , A
C o m m i s s i o n e r o r R e g i o n a l J o i n t C o m m
D e p u t y C o m m i s s o i no en r e r o f A s s i s t a n t C o m
m a k e s a n e n q u i r y o r h e a r s a n a p p e a l u n d e
t h e e n q u i r y s h a l l b e m a d e a n d t h e a p p e
h e a r d a s n e a r l y a s m a y b e , i n a c c o r d a n c
p r o c e d u r e a p p l i c a b- l e u n d e r t h e C o d e o f
c e d u r e , 1 9 0 8 t o t ho ef t r i a l o f s u i t s o r t h e
a p p e a l s , a s t h e c a s e m a y b e .
c a r n a l A ( 2 c t) T h e p r o v i s i o n s o f t h e I n d i a n E v i d e n c
i c f w 1 8z 7 2 a n d t h e T n d i a n O a t h s A c t , 1 9 6 9 s h
a s m a y b e , a p p l y t o s u c h i n q u i r i e s a n d a p
( 3 ) T h e C o m m i s -s i o n e r , A d d i t i o n a l C o m
n e r o r m J io s i s n i t o n C e ro , m R - e g i o n a l J o i n t C o m m i
s s i o n e r , D e p u t y C o- m m i s s i o n e r o r A s s i s t a
s s i o n e r , h o l d i n g s uu uc h a n i n q u i r y o r h e a r i n
May 23, 1987] A N DHRA P RADE SH GAZET T E EXT RAO RDINA RY 139

appeal shall be deemed to be a person acting judicially


■within the meaning of the Judicial Officers' Protection central Act
Act, 1850. is of use
140 A NDHRA PRADE SH GAZETT E EXT RAORDINARY [P ART 1V-B

to-attend its meetings and every such person shall ba


entitled such allowances as may be prescribed.
(3) The term of office of the non-official members
of the Council, and the procedure for Conductin g its
meetings shall be such as may be prescribed.
(4) The .council shall advice the Government
the developmental activities that may be undertaken
by the charitable or the religious institutions and the
endowments and also advice on such other matters
as the Go vernment may, by order entrust to it, from
time to time.

153. (1) The Government ^ may,, after previous


rales, publication and by,notification in the Andhra Pradesh
Gazette, make rules for carrying out all or any of the
purposes of this Act.
(2) Every rule made under this Act shall imme-
diately after it is made, be laid before the Legislative
Assembly of the State if it is in session, and if it is not
in session, in the session immediately following for a
total period of fourteen days which may be comprised
in one session or in two successive sessions and if,
before the expiration of the session in which it is so.
laid or the session immediately following the Legisla-
tive Assembly agrees in making any modification in
the rule or in the annulment of t he rule, the rule
shall from the date on which the modification or
annulment is notified have effect only in such modified
form or shall stand annulled, as the case may be, so
however that any spch modification or annulment shall
be without prejudice to the validity of anything pre-
viously done under that rule.

154 The Go ver nme nt m ay by notification


exempt from the operation of any of the pro visions
of this Act or any of the rules made tliewimder 1 —
May 2% 1987] A NDHRA PRADE SH ■G AZETT E EXT RAORDINARY 141

^ (a) any charitable institution or endowmentthe


admimstration of which was or is for the, time being
vested—

(0 in the Government either directly or


through a Committee or Treasurer of Endowments,,
appointed for the purpose ;

(ii) in. the official Trustee or in the Adminis-


trator General ;

(h) any charitable institution or endowment


founded for educational purpose or for providing
medical relief ; or
(c) any institution or endowment which is
being well managed by the founder ; or
(d) any institution or endowment;
and may likewise vary or cancel such exemption.

155. (1) The Andhra Pradesh Charitable Hindu f^


Religious and Institutions and Endowments Act, ^ 17 of
1966 and the Tirumala Thinipathi Devasthanams Act* i 1979
are hereby repealed.
(2) Notwithstanding such repeat -
142 ' A X D HIU P RADE SH GAZ ETT E EXT RAO RDIN ARY [PA RT t V-g

(b) all powers conferred and all duties


imposed by any scheme in force before the commence
ment of this Act oo any court or judge or any other
person or body of persons, not being a trustee, ar
honorary officer or servant of the charitable or religi
ous institution or endowment shall be exercised md
discharged by the Commissioner, the Deputy Commissi
oner or the Assistant Commissioner, as the case may
be, in accordance with the provisions of this Act ;

(c) all proceedings pending before the


Government* any officer, or authority or a trustee
under the provisions of the repealed Acts at the com
mencement of this Act may, in so far as they are not
inconsistant with the provisions of this Act, be con
tinued by the appropriate authority ntider this Act;

(d) any remedy by way of right of applica


tion, suit or appeal which is provided by this Act
shall be available in respect of proceedings under the
repealed Acts pending at the commencement of this
Act, as if the proceedings in respect of which the
remedy is sought had been instituted under this Act;

(e) Every member of the Board of Trustees


other than a hereditary trustee* Chairman and members
of the Tiramala Tirupathi Devasthanams Board law-
fully holding office on the date of commencement of
this Act shall be deemed to have been duly appointed
or as the case may be duly nominated under this Act
and shall continue to act as such for the residue of
the term of his office and every Board of Trustees or
the Board lawfully constituted on the date of comm-
encement of this Act, shall be deemed to hav6 been
dxil^ constituted as a Board of Trustees under this
Act, and thereupon exercise all the powers and dis -
charge all the duties entrusted to them under this
Mt;
May 23, 1987] A NDH &A PRA DE SH GAZET T E EXT RAORDINARY 143

(f) every trustee .whose tern? of office had


expired prior to the date of QommenceBient of this
Act, but who continues in office beyond such date
with the concurrence of the competent authori ty,
shall continue as such until a new trustee is appointed
under this Act unless in the meanwhile he is removed,
dismissed or has resigned or otherwise ceases to be
a trustee. '
(3) The mention of particular matters in this section
shall not be held to prejudice or affect the general
application of sections 8 and 18 of the Andhra Act tQi
Pradesh General Clauses Act, 1891, with regard toi»i.
the effect of repeals.

156. The enactments mentioned below shall cease certain


to apply to Charitable and the Hindu Religious enactments
institutions and endowments thereof to which tMs apply to
Act applies; and section 8 of the Andlira Pradesh charitable15
General Classes Act, 1891, shall apply upon such fnstitSS!
cessor as if these enactments had been repealed by Act198ii of
an Andhra Pradesh Act; '
(a) the Andhra Pradesh (Andhra Area) Endow Regulation
ments and Esscbeats Regulation, 1817 ; viiofisi^
(b) the Religious Endowments Act, 1863 ; central Act
" ■ 2o b fist o
144 A NDHRA PRADESH GAZETTE EXT RAORDINARY- [ P ART IV- 6

vali dation* ^ ^ Not wit hst andi ng' any l aw, custo m or
usage, a charitable or religious endowment including
m endowment created for such objects as dharma,
dhafmadaya, punyakarya, or punyadana shal l not be
deemed to be void, only on the ground that the objects
•for which it is created, or the persons or objects for
the benefit of whom or which it is created are unascer-
tained or unascertainable.
(2) A charitable or religious endowment created
for purposes, some of which are charitable or religious
and some are .not, shall not -be deemed to be void m
regard to the charitable or religious purpose, only on
the ground that it is void in respect of the purposes
which are not charitable or religious.
(3) Any dispo sition of property for charitable
or religious purposes shall not be deemed to be void
as a charitable or religious endowment, only on the
ground that no obligation Is annexed to sucb dis
position requiring the person in whose favour it is
made to hold It for the benefit of charitable or religious
objects.

ISHSL *• ^# ^ at|y difficulty ar* se s -fr givfog effect to the


provisions of this Act, the Government, may 5 by
order jn the Andhra Pradesh Gazette, make such
provisions, not inconsistent with the purpo ses or
provisions of this Act, as appear to them to be
necessary or expedient for removing the difficulty.

160. (1) Notwithstanding any compromise agree -3g


merit, scheme, judgement, decree or order of a Court
■Tribunal or other authority or any custom or usage
governing aky charitable or religions institution or
endowment of Tiramala Tirapathi Devastlanams, the
provisions of this Act shall* with effect on and from
the date of the commencement of this Act, pre vail in
so far as they relate to the matters governed by the
May 23, 1987] A NDH RA P RADE SH GAZET T E EXT RAORD INARY 145

corresponding provisions in any such compromise,


agreement, scheme, judgement, decree or order o r
any custom or usage and such corresponding provi -
sions shall thereafter have no effect.

(2) Notwith standing anything in the agreements


entered into by the Tiruitfala Tirunathi Devasthanara$
represented by the Executive Officer and Archakam
Mirasidars of Tirumala Tirupathi Devasthanams on
the 3Ovh May 1979 or any other agreements of the
Fke nature the provYons of th :s Act shall w'th effect
on and from the date of commencement of th*s Act
prevail in so far as the> relate to the matters governed
by the corresponding provisions in aay such agree -
ments and such corresponding provisions in such
agreements shall thereafter have no effect.
FIRST SCHEDULE

[See section 2 (28) ]


1. The temple of Sri Venkateswaraswami on
Tkum ala Hills with the sub-temples of:
1. Sri Varahaswami,
2. Sri Bbashyakarulavari Tem ple No.l.
146 A NDHRA PRADESH GAZETTE EXT RAORDINARY [PART IV-B

1. Sri Saley Nancharamma,


2. Sri Choodikodutta Nancharamma
(Sri Andal),
3. Sri Madal Alwar,
4. Sri Chakratii Alwar,
5 Sri Madhurakavi Alwar,
Sri Anjaneyaswaroi
(Near Diiwajastambharu).
7. Sri Anjaneyaswami (Near Pedda Bugga),
8. Sri Manavala Mahatauni,
9. Sri Naramalwar,
10. Sri Vedanta Desikulu,
11. Sri Woolu Alwar,
12. Sri Tirnmala Nambi,
13. Sri Bhashyakarulu No. II
14. Sri Tirumangai Alwar,
15. Sri Kurath Alwar,
16. Sri Sanjeevarayaswami,
17. Sri Parthasarathiswarai
18. Sri Venkateshwaraswami.

HI. Tiie temple of Sri Kothandaramas wami at


Timpati.
IV. The temple of Sri Kapileswaraswami at
TinipathL
V. Sri * Padmavathfs temple at Tirachanur,
with sub-temples of :—
1/ Sri Krishaaswami,
2. Sri Suryatiarayanaswami, and
3. Sri Sundaiarajeswami,
May 23,1987] A NDH RA PRADE SH GAZET TE EXT RAORDINARY 147

VI. Sri KaJyana Venkateswaraswansi Temple ct


Narayanavaran? with the sub-temples of :—
1. Sri Agasteeswaraswamy,
2. Sri Papeeswaraswamy,
3. Sri Avanakshiyaroma*
4. Sii Veerabhadraswamy,
5. Sii Sakthivina>akar.
VII. Sri Venkateswaraswamy temple at Manga-
puiam.
VIII. Sri Vedaparayaswamy temple at Nagala -
puram.
IX. Sri Chandramouleswaraswamy and Sri
Venkateswaraswamy temples in the Andhra Ashram
at Rishikesb.
X. Any other minor temple attached to any of
the aboYe temples and not specificaEy mentioned
aoove.
SECOND SCHEDULE [
See Section 2 (28) ]
A. list of Educational. Institutions maintained
from the funds of the Tirumala tirupathi Devas -
thanatos:—•
1. Sri Venkateswara High School, Tirupathi,
2. Sri Venkateswara High School* Vellore,
3. Sri Venkateswara College, Tirupathi,
4. Sri Padmavathi College for Women, Tirupathi
148 A NDHRA PRADESH GAZETTE EXT RAORDINARY [

5. Sri Venkateswara College of Music and


Dance, Tirupathi,

6. Sri Venkateswara Oriental College, Tirupathi,


7. Sri Venkateswara High School, Tirumala,
8. Sri Venkateswara Veda Patasala, Tirumala,

9. Sri Venkateswara Upper Primary School,


Tiruma^,
10. Sri Venkateswara Upper Primary School,
Tirupathi,
11. Sri Venkateswara Nadaswaram School,
Tirapatiii,
12. Sri Venkateswara Training Centre for
Sculpture. Tirupathi, _
•13. Sri Venkateswara College, New Delhi,
14. Sri Govindarajaswamy Arts College for
Men, TimpWhi. .n , ., ~ „
15. Sri Vedanta Varadhini Sanskrit College
Hyderabad, " 16. Sri Padmavathi Girls High
School,
Tirupathi, .
17. Sri Venkateswara Oriental High Scnool,
Tirupat hi,
18. -Sri Paomavathi Women's Polytechnic,
TiTUpathi,
T9. Nursery School attached to S.P.W. College,
Tifupathi.
May 23 9 1987] A NDH RA P RADE SH GAZET T E EXT RAORD INARY 149

20. Sri Venkateswara Samskruth Agama,


Vidya Kendram, Tirumala.
21. Sri Venkateswara Junior College, TirapatM.
22. Sri Venkateswara School for Deaf, Dumb
and Blind, Tirupathi.
B. List of other Institutions: —
1. Sri Venkateswara Home for the Disabled
and Physically Handicapped, Tirupathi (S. V. Poor
Home).
2. Sri Venkateswara Balamandir, Tirupathi.
THIRD SCHEDULE
(see section 141)
COURT FEE PAYABLE FOR DOCUMENTS

; Description of document. Proper fee


No
s i . in Rs.
.I . Application for registration of ar 5
institution or endowment.
2. Any application before any authority 2
3. Appeal to any authority 25
4. Revision Petitions to Government 25
j and Commissioner.
Review Petition to Government 50
6. Suit filed in any Court 100
7. Appeal to any Court including 100
High Court.
8. Revision to High Court 100
T. H. B. CHALAPATHI,
Secretary to Government .(in-charge)
Law and Legislative Affairs,
Law Department.
THE ANDHRA PRADESH GAZETTE
PART IV-B-EXTRAOKDINARY
PUBLISHED BY AUTHORITY^
No. 6J HYDERABAD, MONDAY, FEBRUARY 5, 1990.

AMDiHRA PRADESH ACTS, ORDINANCES


AND REGULATIONS, ETC.

The following Ordinance which was promulgated


by the Governor o n the 5th F eb ruary, 1990
is hereby first published for general information.
ANDHRA PRADESH ORDINANCE NO. 4 OF 1990

Promulgated by the Governor in t&e Forty - first


Year of the Republic of India.
AN ORDINANCE TO AMEND THE ANDHRA
PRADESH CHARITABLE AND HINDU RE-
LIGIOUS INSTITUTIONS AND ENDOW-
MENTS ACT, 1987.
ys the Legislative Assembly of the State is
not in session and th$ Governor of Andhra Pradesh.
A NDHRA PRADE SH GAZETT E EXT RAORDINARY [PAKT IV-B

is satsified that circumstances exist which. render It


necessary for her to take immediate aection;
Mow, therefore, in exercise of the powers conferred
by clause (1) of article 213 of the Constitution of India,
the Governor hereby promulgates the following Ordi -
nance:—
1. (1) This Ordinance may be called the Andhra.
Pradesh Charitable and Hindu Religious Institutions
and Endowments (Amendment) Ordinance, 1990.

(2) It shall come into force at once.


Amendment 2 ; In the Andhra Pradesh Charitable and Hindu
2fActti3o Re^g;oiis Institutions and Endowments Act, 1987
of 1987. (hereinafter referred to as the principal Act), in section*
2 ________
(i) after clause- (2), the following clauses sha!*
be inserted, namely : —
"(2-a) "Boara" means the Tirumala-Tirupatbi
Devasthanams Board constituted by the Government
under section 96;

(2-b) "Chairman" means the Chairman of the


Board or Committee of Management of Tirumala
Tirupathi Devasthanams appointed under section 96;";
(it) after clause (7), the following clause shall
be mserted, namely : —
Feb ruary 5,1990] A MDMRA P RADE SH GAZETT E EXT RAORDINARY

(iii) after clause 17, the following clause shall be


inserted, liamely : —
"(17- a) "M e m ber " me ans t he Mem ber of
the Board or Committee;' 5 .

3. In section 17 of the principal Act, for sub-sec-


tion (2), the following shall be substituted, namely > 1
"(2) Every trustee appointed under section 15
shall hold office during the pleasure of the Governor:
Provided that every trustee holding office at
the commencement of the Andhra Pradesh Charitable
and Hindu Religious Institutions and Endowments
(Amendment) Ordinance, 1990 shall cease to hold
office on such commencement.".
4, In section 96 of the principal Act, in sub-sec-
tion (1), for the words ^Tirumala-Tirupathi Devastha-«k
nams consisting of", the word s "Tirum ala - Tiru-
pathi Devasthanams called "the Tiramala - TirapatH
Devasthanams Board consisting of", shall be substi
tuted.
A NDHRA PRADESH GAZETTE EXT RAORDINARY [PART IV-B

97A. (1) There shall be a Committee constitu ted


by the Government for TiruiDala-Constitution of
Tirupathi Devasthanams called the
r
Committee.
"Tirumaia - Tirupathi Devasthanams
Management Commhtee" which shall be a body cor-
porate, having perpetual succession and a common
seal, with power to acquire, hold and dispose of pro -
perty and shall sue and be sued by the said corporate
name.
(2) The Committee, shall consist of the following
members, namely :—
d) the Chairman of the Board, who shall be
ex-officio Chairman of the Committee;
(ii) the Commissioner, Who shall be a member
ex-officio;
Gii) the Executive Officer, who shall be the ex-
officio Member - Secretary of the Committee;
(iv) two other members of the Board to be nomi-
nated by the Government.
97B. Subject to the provisions of this Ordinance
p powers and and the
rules made thereunder:—
functions of •
Committee.
(i) the administration of the Tirumala - Tirupathi
Devasthanams shall vest in the Committee and the
Committee shall, for this purpose, in addition to the
powers conferred arid functions entrusted to it by this
Ordinance exercise such powers and perform such
fractions:* as inay be prescribed;
fii) the Committee shall manage the properties
and affairs of the Tiramala -.Tirupathi Devasthaaams
and arrange for the c induct of the daily worship and .
cet^ioojCiies and of the festivals i±t every temple accoid-
jug to its
Februa ry 5, 1990] A NDH UA P RADI SH GAZ ETT E EXT RAORDINA RY

liii) the Comnrttee sha11 have power to fix fees


for the performance of archana, or any service or ritual
or ceremony connected w'th the Tiruroala Tirapathi
Devasthanams;
(iv) the Committ ee shall have po wer to for
such information and accounts as may in its 1opill -nion
be necessary for reasonably satisfying *tse f that the
Tjrumafa-Tirupathi Devasthanams are properly,
maintained, the endowments thereof are properly
administered, and their f unds are duty appropriated
to the purposes for which they were founded or exist;
and the Executive Officer or other officers in possession
of such information or accounts sh&ll, on such requi -
sition, furnish such information and accounts to the
Committee;
(v) the Committee shall exercise the general
superintendence and control over the administration
of the Jiruma^a - Tirupathi Devasthanams in confir-
roity with the policy laid down by the Board;

(vi) the Committee shall fix the dittam in the


temples specified in the First Schedule and th eendow-
ments attached thereto and the amounts to be spent
therefor in such manner and after following such,
procedure as may be prescribed. ".
6. In section 98 of the principal Act* — Am
of s ect ion
(i) for the words "members of Ihe Board of
Trustees 5*, the words "members of the Boaid or
Committee": shall be substituted ;

(ii) in the marginal heading, for the words


^Beard of Trustees' *, the words "Board or Comimitte©**
shall be substituted.
P r o v i d e d t h a t t h e C h a i r m a n a n d m e m b e r
B o a r d , i f a n y , h o l d i n g o f f i c e a t t h e c o m m
o f t h e A n d h r a P r a - d e s h C h a r t i a b l e a n d H
g i o u s I n s t i t u t i o n s a n d E n d o w m e n t s ( A m
O r d i n a n c e , 1 9 9 0 s h a l l c e a s e t o h o l d o f f i c
c o m m e *n .c e m e n t . *

A m e n - dI n m se e n c t t 8i o n 1 0 4 - s o e- f c t h e p r i n c i p a l A c t , i n s u
o1 f
0 4
s e c t i o n t i o n ( 2 ) , f o r t h e w o r d s " o n l y f o r t h
t e r m o f o f f i c e o f h i s p r e d e c e s s o r " , t h e w o r d s
t h e p l e a s u r e o f t h e G o v e r n o r " s h a l l b e s u b s

9
A m e n d- m I en n s te c t i o n 1 - 0 5 o f t h e p r i n c i p a l A c t ,
of section
101
(1) In sub-section (1), for the words "Board of
Trustees" wherever they occur, the words "Board or
Committee" shall be substituted ;
(2) In sub-section (2), for the words "Ex-Officio
member - Secretary of the Board of Trustees", the
words **Ex-Officio member-Secretary of the Board or
Committee" and for the words "Bdard of Trustees"
the words "Boerd or Committee" shall respectively
be substituted.
Feb ru a ry 5, 1990] A NDHI U PRADE SH GAZET T E EXT RAO RDINA RY

(3) In sub-section (3), (4) and (5) for the


words "Board of Trustees 55 wherever they occur,
words "Board or Committee " shall be substituted.

(4) In t he margi nal headi ng for the woids


"Board of Trustees' ',the words "Board or Committee"
shall be substituted.

10. In section 109 of the principal Act, in sub- Amendment


section (1), in clause (a)9 for the words "Board of of section
Trustees ", the word "Committee " shall be substitu- m ted.
(//) for sub-scetion (2), the following sj^l be
substituted, namely ;—
February 5, 1990] A NDHRA P RADESH GAZETTE EXT RAORDINARY

" ( 2 ) T h e q —u o r u m f o r a m e e t i n g
{ ao )f t h e B o a r d s h a l l b e l i v e o f w h i c
s h a l l b e t h e C h a i r m a n o r t h e C o m m i

( bo )f i h e C o m m i t t e e s h a l l b e t w o o f
o n e s h a l l t h b e e Ct h o e m Cm h i as si r i mo na e n r . o " t.
( 7 7 / - s ) e ci n t i so nu b f 3 ) > f o r t h e w o r d s B o
o f T r
u s t e e s " , t -h e w o r d " C o m m i t t e e
s t i t u t e d ;
( / v ) i n t h e m a r g i n a l h e a d i n g , f o
" B o a r d o f T r u s
t e e s " t h e w o r d s " B o a r
s h a l l b e s u b s t i t u t e d .

2 2 . o nI n 1 s2 e 7 c ct i f— t h Ae m pe nr di mn ec ni tp a l A c t ,
o f s ection
nl
U) for the words "Board of Trustees' \ the '
words "Board or Committee' 9 shall be substituted ;
(ii) in marginal heading for the words "Board
of Trustees ", the words "Board or Committee" shall
be substituted.

23. In section 128 of the principal Act, for the Amendment


* * * of s ection
words,— us.
(/) "Board of Trustees ", wherever they oftcur,
the word "Committee" shall be substituted ;

(ii) in marginal heading, for the words "Board


of Trustees", the word ''Committee" shall be substitu-
ted.
Registered No. HSE/49 \ _ "?;-=• :-
^0?;;i,t

T H E A N D H R A P R A D E S H G A Z
■P A R - B - T -E -I VJ C T R A Q R D I N A R Y
P U B L I S H E D B Y A U T H O R I T Y
No. 44 HYDERA BAD, FRIDA Y, DECEM BER 7, 1990,
ANDHRA PRADESH ACTS, ORDINANCES
AND REGULATIONS, ETC.

The following Act of the Andhra Pradesh Legislative As-


sembly received the assent of the Governor on the 6th Dece m-
ber, 1990 and the said assent is hereby first published on Hie
7th December, 1990 in the Andhra Pradesh Gazette for general
informat ion:—
ACT No . 26 OF 1990.
AN ACT T O AMEND T HE ANDHRA PRADE SH CHA RIT ABLE AND
H1NDUREUGIOUSI NST iTUTIONSA ND ENDOWMENT S A CX1987.

Be it enacted by the Legislative Assembly of the State of


Andhra Pradesh in the Forty-first Year of the Republic of India
as follows :—
G, 743/1 I1 !
[Came into force with effect from 21-1-91 vide G.O.Ms. No. 43/Endowments,
dated 18-1-91]

11
ANDHRA PRADESH GAZETTE EXTRAORDINARY [P art IV-B

Short title and 1. (1) This Act may be called the Andhra Pradesh
commencement. Charitable and Hindu Relig ious Institutions and En
dowments (A mend ment) Act, 1990
(2) It shall co me into fo rce on such date as the Gov -
ern ment may, by notification in the Andhra Pradesh
Gazette notify.
Amendment of 2. In the Andh ra Pradesh Charitab le and Hindu
Section 2. Relig ious Inst it ut ions and Endo wments A ct , 1987
Act 30 of 1987. (hereinafter referred to as the Principal Act), in sec
tio n 2 r
(1) after clause (2), the fo llowing clauses shall be
inserted, namely:-—
"(2-a) "Board" means the Tiru mala Tirupathi Dev -
asthanams Board constituted by the Government un -
der section 96;
(2-b) " Chairman means the Chairman of the Board or
the Committee of Management of Tiru mala Tirupathi
Devasthananis appointed under section 96';
(ii) After clause (7) the fo llowing clause shall be
inserted, namely :—
"(7-a) "Co mmittee" means the Tiru mala Tirupathi
Devasthanams Manag ement Committee appointed by
the Govern ment under section 97 A fo r the admin is -
tration o f the Tiru mala Tirupath i Devasthanams;"
(iii) after clause 17, the following clause shall be
inserted, namely :—
"(17-a) "member" means the member of the Board or
Co mmittee:".
Amendment of 3. In section 4 o f the p rin cipal Act, fo r sub
section 4. sections (2), (3) and (4), the follo wing shall be sub
stituted, narqiely:—
"(2) The qualificat ions for appoint ment to the office
of Additional Commissioner, Regiona 1 Joint Commis -
sioner, Deputy Commis sioner and Assistant Commis -
sioner shall be such as may be p rescribed".
December 7,1990 ANDHRA PRADESH GAZETTE EXT RAORDINARY 3

4 I. n S e c t i o n - 1 - 5- o f t h
Amendment e P r i n c i p a l A c t ,
of Section 15.
( 1 ) -s ei n c t si o u nb ( 1 ) ,
( 1 i) n c l a u s e a ) f ( o r t h e w o r s d " S e v e n p e r s o n s " , t h e
w o r d s " n ni e p e r s o n s " s h a l l b e s u b s t i t u t e d ;
( i i ) i n wc l oa
ru d s s e " ( F b i ) v f e o pr e t rh s e o n s " , t h e
w o r d s " s e v e n p e r s o n s " s h a l l b e s u b s t i t u t e d .
( 2 i )n -s s eu c b t i o n ( 2 ) , f o r t h e w o r d s " F i v e p r s e o n s " ,
t h e w o r d s " s e v e n p e r s o n s " s h a l l b e s u b s t i t u t e d ;
( 3 i )n -ss eu c b t i o n ( 3 ) , f o r t h e w o r d s " t h r e e p e r s o n s " ,
t h e w o r d s " fs i t iv t e u tp e ed r ;s o n s " s h a l l b e s u b
5 I. n s e c t i o n —1 7 o f t h of e
Amenment p r i n c i p a l A c t ,
Section 17.
( 1 i )n - s s e u c b t i o n ( 2 ) f o r t h e w o r d s " t h r e e y e a r s " i n t h e
t w o p l a c e s w e r e h
t h e y o c c u r , t h e w o r d s " t w o y e a r s
s h a l l b e s u b s t i t u t e d ;
( 2 f )o r - s se u c t b i o n ( 5 - s ) e , c t t h i oe n f o s l h l oa l w l i n g s u b
b e s u b s —t i t u t e d , n a m e l y :
"( 5 ) I n e v e r y B o a r d o f T r u s t e e s , t h l l e b e a t l r e s h a e a
o n e w o m a n m e m b e r a n d o n e m e m
e l o n g i n b e r b g
t h e S c h e d u l e d C a s t e s o r t h e S c h e d u e d T r i b e s w l h o
p o p u l a t i o n i s l a r g e r i n t h e c o n c e r n e d v i l l a g e a n d o
m e m b e r b e l o n g i n g t o B a c k w a r d C l a s s e s :
P r o v i dt es dh a t l hl a nt o t — b e n e c e s s a r y t o a p p o i n t
( aa ) w o m a n m e m b e r w h e r e a n y p e r s o n a p p o i n t e d
t o r e p r e s e n t t h e S c h e d u l e d C a s t e s o r t h e S c h e d u l e d
T r i b e s o r t h e B a c k w a r d C l a s s e s i s a w o m a n ;
( ba ) m e m b e r o f t h e S c h e d u l e d C a s t e s o r t h e S c h e d u l e d
T r i b e s w h e pr e p oa i n n y t e w d o b m e l a o n n gm s e m b e r a
t o t h e S c h e d u l e d C a s t e s o r t h e S c h e d u l e d T r i b e s ;
( ca ) m e m b e r o f t h e B a c k w a r d C l a s s e s w h e r e a n y
w o m a n m e m b e r a p p o i n t e d b e l o n g s t o t h e B a c k w a r d
C l a s s e s " .
6 I. n S e c t i o n
1 9 o Amendment
f t of h e P r i n c i p a l A c t , i n s u b
s e c t i o n ( 1 ) i n i r ct ly a y u Section
se ea 19.r ( s i " ) , f o r t h e w o r d s " h t
t h e w o r d s " e i g h t e e n y e a r s " s h a l l b e s u b s t i t u t e d .
ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B

Amendment of 7 I. n s e c t i o n —2 9 o f t h e p r i n c i p a l A c t ,
Sect ion 29.
( i ) - s I n e c st i u o b n ( 3 ) f o r t h e w o r d s " c o n s t i t u t e s u c h
g r a d e s o f E xw e o c r ud t s i v " e C oO n f sf i t ic t e u r t s e , " t h e
s u c h g r a d e o f E x e c u t i v e o f f i c e r s , p r e s c r i b i n g
a p p o i n t i n g a u t h o r i t i e s " s h a l l b e s u b s t i t u t e d ^
( i i ) A f t e r t h e p r o v i s o , t i e f o l l o w i n g f u r t h e r / p
s h a l l b e — a d d e d , n a m e l y :
" p r o v i d e d f u r t h e r t h a t , i t s h a l l b e c o m p e t e n t
G ro n v m e e n t t o a p p - o i n t a R e g i o n a l J o i n t C o m m
s i o n e r , a D e p u t y - C o m m i s s i o n e r o r a n A s s i s t a n t
m i s s i o n e r a s a n E x e c u t i v e O f f i c e r " ;
Amendment of 8 I. n s e c t i o n 7 0 o f t h e p r i n c i p a l A c t , i n s u b
Section 70. s e c t i o n ( 1 ) i n c l a u s e ( b ) , a f t e r i t e m ( i i ) a n d b e f o
p r o v i s o i , t et h m e s f ho al l l ol - wb ei n i g n s e r t e d , n a m e l y :

" ( i i i ) c o n s t r u c t i o - n o f n e w t e m p l e s a n d K a l y a n
d a p a m s " .
Amendment of 9 . F o S r e c t i o n 9 6 t h e o f r i n p
c i p a l A c t , t h e
Section 96. f o l l o w i n g s h — -a l l b e s t i t u u b s t e d , n a m e l y :
" C o n s t i t u t i o n 9 ; -6 ( 1 ) T h e r e s h a l l b e a B o a r d
o f B o a rs d t "i t u t e v d e rb n y m t eh n e t G f oo r t h e
T i r u m a l a T i m p a -t h i D e v a s t h a n a m s c a l l e d " T
h
m a l a T i r u p a t h i D e v a s t h a n a m s B o a r d " c o n s
i s
n o t m o r e t h a n t h - i r t e e n m e m b e r s , i n c l u d i n g t h e
m a n , t o b e a p p o -i — n t e d b y t h e G o v e r n m e n t , o f w h o
( i ) t h e C o m m e -i x s s i o n e r s h a l l b e a m e m b e r
o f f i c i o ;
( i i ) t h e E x e c u t i v e O f f i c e r , s h a l l b e t h e M e m b e
S e c r - eO t f a f r i y c , i o E ; x
( i i i ) t h r e e s h a l -l b e m e m b e r s o f t h e S t a t e L e g i
s l a t u r e ;
( i v ) o n e s h a l l b e a p e r s o n b e l o n g i n g t o t h
S c h e d u l e d C a s t e s ;
( v ) o n e sP h r a o l vl i bd ee da t wh ao t m i ta sn h. a l l
n o to b le i g a -t — o r y t o a p p o i n t ,
December 7,1990 ANDHRA P RADESH GAZETTE EXT RAORDINARY 5

( aa ) p e r s o n t o r e p r e s e n t c a t e g o r y ( i v ) , w h e r e a n y o f
t h e p e r s o n s a p p o i n t e d u n d e r c a t e g o r y ( i i i ) o r c a t e g o r y
( v ) b e l o n g s t o t h e S c h e d u l e d C a s t e s ;
( ba ) p e r s o n t o r e p r e s e n t c a t e g o r y ( v ) w h e r e a n y o n e o f
t h e p e r s o n s a p p o i n t e d u n d e r c a t e g o r y ( i i i ) o r c a t e g o r y
( i v ) i s a w o m a n ;
P r o v i d e d f u r t h e r t h a t a m e m b e r r e p r e s e n t i n g c a t e g o r y
( i i i ) s h a l l c e a s e ' t o h o l d o f f i c e a s s o o n a s h e c e a s e s t o
S e a m e m b e r o f t h e S t a t e L e g i s l a t u r e .
( 2 ) T h e p e r s os n su n - a d p e pr o i s nu t b e d a s m e m b e r
s e c t i o n ( 1 ) s h a l l b e p e r s o n s p r o f e s s i n g H i n d u r e l i g i o n .
E x p l — aI nn a tt hi o i sn : s e c t i -o n , t h e e x i o np r e s s c " S h e d
u l e d C a s t e s " s h a l l h a v e t h e m e a n i n g a s s i g n e d t o i t i
c l a u s e ( 2 4 ) o f a r t -i c l e 3 6 6 o f t h e C o n s t i t u t i o n o f I n d i a " .
1 0 . F o r e s e p c rt i on nc i Substitution
p a9 l of
7 A o cf t , t h t h e
f o l l o w i n g s h —a l l b e news Section
u b s t i t u t e d , n a m e l y :
for 97.
" P o w e r9 s 7 a . n d T- s h ae l lB io n a ra d d d i t i o n t o
f u n c t i o t n h s e o fp o w e r s c o n f e r r e d a n d f u
t i n c o n s
t h e B o a e r n d "t r u st e d t o i t b y t h i s A c t , e c x e r i s e
s u c h o t h e r p o w e s r s a sa n d p e r f o m r s u c h o t h e n r
c t i o f u n
m a y b e p r e s c r i b e d i n r e g a r d t o m a t t e r s o
p o l i c y f a n
g e n e r a l s u p e r i n t e n d e n c e a n d r e v i e w i n r e a t i o n t l o t h
a d m i n i s t r a t i o n o f T i r u m a l a T i r u p a t h i D e v a s t h a n a m
h a v i n g d u e r e g a r d t o p u b l i c i n t e r e s t a n d t h e s e r v i c e
a n d a m e n i t i e sa r te o a b n ed p s r a o f v e i t dy e d t o a n d w e l f
m e a s u r e s t o b e - u n d e r t a k e n f o r , t h e p i l g r i m s , d e v o
t e e s a n d w o r s - Th i i rp u p p e a r ts h i r e s o r t i n g t o T i r u m a l a
D e v a s t h a n a m s .

C o n s t r u9 c 7t Ai ^o j n h e r e a l s -h l b e a Co m
o f C o m m i t t e -m ie . t t e e c o n t i t s u t e d b y t h e G o v e r n
m e n t f o r T si trhu n a a l ma am s T ic r a ul lp e a d t h i D e v a
t h e " T i r u m a l a T i r u p a t h i D e v a s t h a n a m s M n a g a
e m e n
C o m m i t t e e " w h i c h s h a l l b e a b o d y c o r p o r t e , h a a v i n
p e r p e t u a l s u c c e s s i o n a n d a c o m m o n s e a l , w i t h p o w e
t o a c q u i r e , h o l d a n d d i s p o s e o f p r o p e r t y a n d s h a l l s u
a n d b e s u e da mb ye . t h e s a i d c o r p o r a t e n
ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B

(2) The Committee shall consist of the follo wing


members, namely:—
(1) the Chairman of the Board, who shall be
ex-o fficio Chairman of the Co mmittee; .
(ii) the Co mmissioner, who shall be a member
ex-officio;
(iii) the Executive Officer, who shall be the
ex-o fficio Member -Secreat ry of the Co mmittee;
(iv ) five other members of the Board to be
nominated by the Govern ment one of who m shall be
a member o f the State Legislature;
Provided that five of the ten non -official members of
the Bo ard shall b e no minat ed und er th is item for
the first year and the other five members shall be
nominated for the second year.
Powers and 97. B. Subject to the prov isions of th is Act and
functions the rules made thereunder:—
uf Committee. (i) the ad min istration of the Tiru mala Tiru -
pathi Devasthanams shall vest in the Committee and
the Committee shall, for this purpose, in addition to
the powers conferred and functions entrusted to it by
this Act exercise such powers and perform su ch func-
tions as may be prescribed;
(ii) the Co mmittee shall manage the properties
and affairs of the Tirumala -Tirupathi Devasthanams
and arran ge fo r th e cond uct o f th e daily worsh ip
and ceremonies and of the festivals in every temple
according to its cust om and usage;
(iii) The Co mmittee shall have po wer to fix
fees for the performance of archana, or any service
jpr ritual or Utsavam or ceremony connected with the
Tiru mala -Tirvpathi Devasthanams;
(iv) The committee shall have power to call for
such information and accounts as may in its opin ion
be necessary for reasonably satisfying itself that the
December 7, 1990 ANDHRA PRADESH GAZETT E EXT RAORDINARY 7

Tiru mala-Tirupathi Devasthanams are properly main -


tained, the endowments thereof are properly ad min -
istered, and their fiinds are duly appropriated to the
purposes for which they were founded o r exist; and
the Execut ive Officer o r other o fficers in possession
of such information or accounts shall, on such req -
uisition fu rnish such information and accounts to the
Co mmittee;

(v) The Co mmittee shall exercise the general


superintendence and control over the administration of
the Tiru mala -Tirupathi Devasthanams in confo rmity
with the po licy laid do wn by the Board;

(vi) the committee shall fix the dittam in the


temp les specified in the first Schedule and the en -
dowments attached thereto and the amounts to be
spent therefor in such manner and after fo llo wing
such procedure as may be p rescribed;

(vii) the Co mmittee may, subject to such con -


ditions and restrictions as it may lay do wn delegate
to the Executive Officer suck of the powers conferred
on it by or under this Act, as it may consider neces -
sary".

11. In sect ion 98 o f the p rincipal A ct, — Amendment of


•Section 98.

(i) fo r the words ''members of the Board of


Trustees", the words "members of the Board or Co m-
mittee" shall be substituted;

(ii) in the marg inal head ing fo r the words


"Board of Trustees", the words "Board or Co mmit -
tee" shall be substituted.

12. Fo r section 99 o f the p rincip al Act , the Substitution


follo wing shall be substituted, namely :— of new sec-
tion for
section 99.
ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B

"T erm of office


of Chairman and 9 . 9 T h e C h a i r m a n a n d a n y o t h e r
Members of the m e m b e r o
f i t t te h e e B o a r d o r C o m m
Board or ot h e r - o f t f hi ca i n o e m x e m b e r s s h a l l
Committee.
h o l d o f f i c e f o r a p e r i o d o f t w o y e a r s
f r o m t h e d a t e o f a p p o i n t m e n t b y t h e
G o v e r n m e n t " .
Amendment of 1 3 I n. s e c t i o n 1 0 2 o f t h e p r i n c i p a l A c t ,
section 102.
( i ) - s i n e c s t iu o b n ( 1 ) f o r t h e w o r d s " B o a r d o f
T r u s t e e s " , t h e e " w a o s r d t sh e " B o a r d o r C o m m i t t e
c a s e m a y b e s h a l l b e s u b s t i t u t e d .
( i i ) - s f eo c r t i s o u n b ( 2 ) , t h e f o l l o w i n g s h a l l b e
s u b s- t i t u t e d :
" ( 2 ) W h e r e e r s o a n i s t h e C h p
a i r m a n o r
M e m b e r o f t h e a r d o r B
t h e C o m m o i t t e e s u c h
s h a l l c e as e O M Ft o e mb eb e s r u c i fh h C e h a i r m a n
c e a s e e st h t e o C b h a i r m a n o r t h e M e m b e r o f t h e
B o a r d o r C o m m i t t e e a s t h e c a s e m a y b e " .
Amendment of 1 4 I n. s e c t i o n 1— 0 5 o f t h e p r i n c i p a l A c t ,
section 105.
( 1 i )n -s s e u c b t i o n ( 1 ) f o r t h e w o r d s " B o a r d o f
T r u s t e e s " w h e r e v e r t h e y o c c u r , t h e w o r d s " B o
C o m m i t t e e " s h a l l b e s u b s t i t u t e d .
( 2 I n) -s s ei u
o c b tn ( 2 ) f- o o fr f i t hc i e o w o r d s " E x
m e - Sm e b c er re t a r y o f t h e B o a r d o f T r u s t e e s " , t h e
w o r -od f s f i" c E i- S o x e mc r e e mt a b r ye r o f t h e B o a r d o r
C o m m i t t e e " a n d f o r t h e w o r d s " B o a r d o f T r u s t
t h e w o r d s " B o a r d o r C o m m i t t e e " s h a l l r e s p e c t
b e s u b s t i t u t e d ;
( 3 I ) n b - s S e uc t i o n s ( 3 ) , ( 4 ) a n d ( 5 ) f o r t h e
w o r d s " B o a r d o f T r u s t e e s " w h e r e v e r t h e y o c c u
w o r d s " B o a r d o r C o m m i t t e e " s h a l l b e s u b s t i t u t
( 4 I )n t h e m a r g h e a di n a l i n g f o r t h e w o r d s
" B o a r d o f T r u s t " , t h e e e s w o r d s " B o a r d o r C o m
t e e " s h a l l b e s u b t i t u t e d . s
Amendmet of 1 5 I n. s e c t i o n 1 0 6 o f t h e p r i n c i p a l A c t , i n s u b
section 106. s e c t i o n ( 4 ) f o r t h e w o r d s t h e " B o r d a o f T r u s t e e s
w o r f c l " C o m m i t t e e " s h a l l b e s u b s t i t u t e d " .
December 7, 1990 ANDHRA PRADESH GAZETTE EXT RAORDINARY 9

16. In section 109 o f the p rin cipal Act , in sub Amendment of


sect ion (1) in claus e (a), fo r the wo rds " Board o f section 109.
Trustees", the word "Committee" shall be substituted.
17. In section 110 o f the p rin cipal Ac t , for th e Amendment of
section 110.
wo rds, " Board o f Trustees", the word " Co mmittee"
shall be substituted.
Amendment of
18. In section 111 of the p rincipal Act , — section 111.

(i) in sub-section (2), fo r the words "Board o f


Trustees", the word "Committee" shall be substituted;
(ii) in sub-section (5), the words "and Sri Pad -
mavathi Mahila Viswa Vidhyalayam" shall be added
at the end;
(iii) after sub-section (5), the follo wing sub -
section shall be added, namely ,—
"(6) The Committee may , with the prior approval of
the Govern ment, utilise its surplus funds afte r provid-
ing for all the objects, namely, requirements or im -
provements of theTiru mala - Tirupathi Devasthanams
and after making adequate provision for all the pur -
poses for wh ich such funds shall be lawfu lly spent,
for such charitable or relig ious purposes , as may be
prescribed".
Amendment of
19. In section 112 of the principal Act, in -sub- section 112.
sections (1) and (4), for the words "Board of Trustees",
the word " Co mmittee" shall be substituted. Amendment of
20. In section 113 of the p rincipal Act , in sub section 115.
section (1), for the, wo rds "Bo ar d o f Trustees", the
word " Co mmittee" shall be substituted. Amendment of
section 115.
21. In section 115 of the principal Act, in sub
section (1), for. the wo rds "Bo ard o f Trustees", the Amendment of
word "Co mmittee 11 shall be substituted. section 116.
22. In section 116 of the p rincipal Act , —

(i) for sttb-section (1), the follo wing shall be


substituted^ namely: —
"(1) The Executive Officer shall, in each Financial
year, (hereinafter referred to as the said year) not later
than the 15th January of the said year, frame and
place before the Co mmittee, the Budge t showing the
10 ANDHRA P RADESH GAZETTE EXTRAORDINARY [Part IV-B

probable receipts and expenditure during the following


financial year, and the Committee shall; within fifteen
days of the date on which the budget is placed before it,
place it before the Board at a special meeting convened
for the purpose for its approval, and the Board shall
approve the same, with or without modificat ions, at
such meeting and forward sufficient number of copies
of such budget to the Government before the end of
February of the said yea r";
(ii) in sub-sections (3), (4) and (5), fo r the wo rds
"Board of Trusteesw , wherever they occur, the word
"Committee" shall be substituted;
(iii) in siib-section (6) for clause (b), the fo llowing
shall be substituted, namely :—
"(b) The budget shall also make provision for the
payment of an amount of five percentum of the balance
referred to in the proviso to item (iv.) of clause (a) or
rupees one orore twenty five lakhs whichever is higher
to the Common Good Fund created under section 70".
Amendment of 23. In sect ion 120 o f the p rin cipa l Act , fo r th e
sect ion 120. words "Boa rd of Trustees" wherever they occu r, the
word 'Co mmittee" shall be substituted.
Amendment 24. In s ection 121 o f the p rin cip al A ct , fo r
of sect ion the words " Board o f Trustees", the words "Board or
121.
Co mmittee" shall be substituted.
25. In s ection 124 o f the p rin cip al A ct , fo r
Amendment of
section 124. the words, "Board o f Trustees", the words "Board o r
Co mmittee" shall be substituted.
26. Fo r sect ion 125 o f t he p rincip al A ct , th e
Substitution of
new section Following shall be substituted, namely :—
for section
123. "Administration
125. W ith in th ree months afte r the
Re t close of each financial year, the Com-
mittee shall submit to the Board a report on the ad-
min istration of the affairs of the Tiru mala-Tirupathi
Devasthanams, during that year in such form as the
Govern ment may determine. The Board shall review
the report and submit a copy of the same to the Gove-
December 7, 1990 ANDHRA PRADESH GAZETTE EXT RAORDINARY 11

rn ment wit li its remarks iiereon".


27. In sect ion 126 o f the p rin cipal, Act, — Amendment of
section 126.
(i) in sub-section (1), for the words "Board
of Trustees", the words "Board or Co mmittee" shall
be substituted;
(ii) for sub-section (2), the follo wing shall be
substituted , namely : —
"(2) The Quoru m fo r a meet ing —
(a) of the Board shall be five of wh ich one shall be
the Chairman o r the Co mmissioner.
(b) of the Committee shall be two o f which one shall
be the Chairman or the Co mmissioner";
(iii) in sub-section (3), for the wo rds "Board o f
Trustees", the wo rds "Board or Co mmittee* 1 , shall
be substituted;
(iv ) for sub-section (4), the following shall be
substituted, namely : —
"(4) the Bord shall meet once in every three months. 11 ;
(v) in the marg inal heading , for the words
"Board of Trustees n , the words "Board or Committee n
shall be substituted.
28. In section 127 of the p rincipal Act , — Amendment of
section 127.
(i) for the words "Board of Trustees", tne words
"Board o r Committee" shall be substituted;
(ii) in marginal heading, for the wo rds "Board
of Trustees", the words "Board or Committee" shall
be substituted.
29. In section 128 of the p rincipal Act , for the Amendment of
word , — section 128.
(i) "Board of Trustees", wherever they occur,
the words " Co mmittee" shall be substitute d;
(ii) in marginal heading, for the words "Board
of Trustees", the word "Co mmittee" shall be substi -
tuted.
12 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B

Amendment of 30. In sect ion 130 o f the p rin cipal Act , fo r th e


section 130. wo rds " Boa rd of Trustees", the wo rd 'Co mmitte e"
shall be substituted.
Amendment o f
31. In s ection 131 o f t he p rin cip al A ct , fo r
section 131.
sub-section (2), th e fo llo wing sha ll be substituted ,
namely:—
"(2) The Govern ment shall cause an annual inspec-
tion of theTiruma la T irupathi Devasthanams by sirch
officer above the ran k of the Execut ive Officer as
they may no minate".
Transi- 32. Not withstanding anything contained in the
tion*!
provision. principal Act, every member including Chairman of
the Board of Trustees whether constituted under sec
tio n 15 o r sect ion 96 o f th e p rincipa l A ct ho ld in g
o ffice at th e co mme n ce ment o f th is Act and wh o
co mp leted the term o f office o f t wo years frb rn the
date of taking oath of office and secrecy, shall cease
to hold office on such commencement and every such
Board which co mpleted a period of two years of term
of office as aforesaid after such commencement shall
cease to hold office on such co mp let ion and it shall
be lawful for the Govern ment, Co mmissioner, Deputy
Co mmissioner or Assistant Commissioner, as the case
may be , to const it ute a new Board o f Trust ees in
accordance with the principal Act as amended by this
Act on such cessation.

P.V. VIDYA SA GA3R,


Secretary to Govern ment,
Law and Leg islat ive Affairs,
Law Depart ment.
December 7, 1990 ANDHRA PRADESH GAZETT E EXT RAORDINARY 13

i G O V E R N M E N T O F A N D H R A P R A D E
' ' " A B S T■ R. A C ' T .

A N D H R A P R A D E S H C H A R I T A B L E A N D
I N S T I T U T I O N S A N D E N D O W M E N T S ( A M
( A C T 1 N9 9o 0. ) 2 D6 a -o t n fe o ot i f f i e e n d f . o r c e m e n t

R e v e n u e ( E n d t s . I ) D e p a r t m e n t

G . O . M s . N o . 4 3 D . a t- 1 - e1 :9 91 81 .

T h e a p p e n d e d n o t i f i c a t i o n s h a l l b e p u b l i
P r a d e s h - o Gr d a i z n e a t r t ye e d Ea t xe td r :a 2 1 s t J a n u a r y , 1 9 9 1 .
2 . T h e D i r e t c e t d o r t o o f s Pu p r i p n l t y i n 2 g 0 i 0 s c r oe pq iu e e s s o f t h e
n o t i f i c a t i o n t o t h i s d e p a r t m e n t a n d 1 5 0 0 c o p
o f E n d o w m e n t s , H y d e r a b a d .

( B Y O R D E R A N D I N T H E N A M E O F G O V E R N O R

K . S . & M U R T H Y

P r i n c i p a l S e c r e t a r y ; o G o v t

N O T I F I C A T I O N

I n e x e c o i ws rp e e r s o f - sc eo
c t n th f i e e o r n r e d ( 2 ) b y o f s u bS t i o n e c
1 o f n d A h r a r a d P e s h c h a r i t a b l e a n d H i
E n d o w m e n t s ( A m e n d m e n t ) A c t 1 9 9 0 ( A c t
o f A nd h r a P r a d e s h h e r e b y a p p o i n t s t h e
t h e d aw t he i c h o n a l l t h e p r o v i s i o n s o f t h e s a i
'; • f o r c e .

K . S . R . M U R T H Y

I ' v P r i n c i p a l S e c r e t a r y t o G o v t .

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