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

 ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS
AND ENDOWMENTS ACT, 1987
ACT No.30 OF 1987
ARRANGEMENTS OF SECTIONS
SECTIONS
CHAPTER -I
PRELIMINARY
1. Short title extent, applications and commencement
2. Definitions
CHAPTER-II
COMMISSIONER, ADDITIONAL COMMISSIONER, REGIONAL JOINT
COMMISSIONER ETC., AND THEIR POWERS AND FUNCTIONS
3. Appointments etc., of Commissioner, Additional Commissioner, Regional
Joint Commissioner, Deputy Commissioner and Assistant Commissioner
4. Qualifications for appointment of Commissioner etc.
5. State to be divided into regions, divisions and sub-divisions for the purposes
of this Act
6. Preparation and publication of list of charitable and religious institutions
and endowments on the basis of income
7. Commissioner to be corporate sole
8. Powers and functions of Commissioner and Additional Commissioner
9. Powers and functions of Regional Joint Commissioner
10. Powers and functions of Deputy Commissioner
11. Powers and functions of Assistant Commissioner
12. Powers of Commissioner etc., to enter and inspect institutions and
endowments
13. Commissioner etc., to observe appropriate forms, usages and practices
CHAPTER-III
ADMINISTRATION AND MANAGEMENT OF CHARITABLE AND HINDU
RELIGIOUS INSTITUTIONS AND ENDOWMENTS
14. Vesting of all properties in the institution or endowment
15. Appointment of Board of Trustees
16. Abolition of hereditary trustees
17. Procedure for making appointments of trustees and their term
18. Qualifications for Trusteeship
19. Disqualifications for Trusteeship
20. Chairman of the Board of Trustees
21. Cessation of trusteeship on absence from the meetings of the Board of
Trustees
22. Vacancy in the office of trustee and filling of such vacancy
23. Powers of the trustee
24. Duties of the trustees
25. Fixation of dittam
26. Power of trustee of charitable or religious institution over trustee of specific
endowment
27. Acts of trustees or Board of Trustees not to be invalidated by informality,
vacancy etc.,
28. Suspension, removal or dismissal of trustee
29. Appointment and duties of Executive Officer
30. Appointment of engineering staff
31. Appointment of Engineers, Architects and Silpis for sub-division
32. Appointment of Subordinate Officers
33. Constitution of Endowment services for different officers or classes of
officers
34.  Abolition of hereditary rights in Mirasidars, Archakas and other office
holders and servants
35. Appointment of office holders and servants, etc.
36. Qualifications for Archaka
37. Punishment of office holders and servants
38. Power of Commissioner, Deputy Commissioner or Assistant Commissioner
to punish office-holders etc., in certain cases
39. Transfer of office holders and servants
40. Office holders and servants not to be in possession of jewels etc., except
under conditions
41. Power of Executive Officer not to implement resolution of the trustee or the
Board of Trustees in certain cases
42. Over-riding effect of the provisions of this chapter over the existing
corresponding provisions
CHAPTER IV
REGISTRATION OF CHARITABLE AND RELIGIOUS INSTITUTIONS AND
ENDOWMENTS
43. Registration of Charitable and Religious Institutions and Endowments
44. Powers of Commissioner to have the institution or endowment registered
45. Application in regard to entry or omission to make an entry in register
46. Extract from the register maintained under section 43 to be furnished
CHAPTER - V
MATHS AND SPECIFIC ENDOWMENTS ATTACHED THERETO
47. Definition
48. Certain sections of Chapter III not to apply to maths or, specific
endowments attached thereto
49. Fixation of dittam
50. Padakanukas and other gifts
51. Removal of Mathadhipathi
52. Filling of temporary vacancies in the office of the mathadhipathi
53. Filling of permanent vacancies in the office of mathadhipathi
54. Nomination of mathadhipathi
55. Power of Commissioner to frame schemes
CHAPTER-VI
DHARMADAYAM
56. Dharmadayam
CHAPTER -VII
BUDGET, ACCOUNTS AND AUDIT
57. Budget of charitable or religious institution or endowment
58. Accounts and audit
59. Authority to whom audit report is to be submitted
60. Contents of audit report
61. Rectification of defects in audit, etc.
62. Rectification of defects detected by Commissioner
63. Agency to audit accounts
64. Duty of trustee to give all assistance and facilities to auditors
CHAPTER - VIII
FINANCE
65. Liability of institution or endowment or Dharmadayam to pay annual
contribution and audit fees
66. Assessment of contribution on the trustee
67. Liability of institution or endowment to pay costs, etc.
68. Payment of contribution, costs, charges and expenses
69. Establishment of Endowments Administration Fund
70. Common Good Fund
71. Vesting of Common Good Fund
CHAPTER IX
SURPLUS FUNDS AND UTILISATION THEREOF
72. Utilisation of surplus funds
73. Determination and application of properties and funds of defunct
institution or endowment
74. Appropriation of endowments
CHAPTER X
ALIENATION OF ANY IMMOVABLE PROPERTY AND RESUMPTION OF INAM
LANDS
75. Lease, sale of inams to be void in certain cases
76. Prohibition of transfer of lands granted for rendering service to a religious
or charitable institution or endowment
77. Resumption of Inam Lands
78. Appeal
79. Prohibition of purchase of immovable property in certain cases
80. Alienation of immovable property
81. Invalidation of unauthorised sale
82.
83. Encroachments by persons on land or building belonging to charitable or
religious institution or endowment and the eviction of encroachers
84. Mode of eviction on failure of removal of the encroachment as directed by
the Deputy Commissioner
85. Encroachment by group of persons on land belonging to charitable and
religious institutions and their eviction
86. Penalty for offences in connection with encroachment
CHAPTER -XII
ENQUIRIES
87. Power of Deputy Commissioner to decide certain disputes and matters
88. Right of appeal against the decision of the Deputy Commissioner under
section 87 and Commissioner under section 119
89. Compromise how to be made
CHAPTER- XIII
APPEALS, REVISION, REVIEW, ETC.
90. Appeal in certain cases
91. Revision
92. Power of the Commissioner to call for records and pass orders
93. Power of Government to call for records and pass orders
94. Review
CHAPTER-XIV
TIRUMALA TIRUPATHI DEVASTHANAMS
95. Application of the Act to Tirumala Tirupathi Devasthanams
96. Constitution of Board of Trustees
97. Powers and functions of the Board of Trustees
98. Qualifications and disqualifications for Chairman and member of Board or
Trustees
99. Term of Office of Chairman and members of the Board or Trustees
100. Chairman and members not to receive or be paid salary or other
remuneration
101. Resignation
102. Cessation of office members
103. Suspension or removal of Chairman or member
104. Casual vacancy in the office of the Chairman or member
105. Dissolution and reconstitution of Board of Trustees
106. Appointment of Executive Officer, Joint Executive Officer, Special Grade
Deputy Executive Officer and Financial Advisor and Chief Accounts
Officer etc.
107. Qualifications for appointment of Executive Officer, Joint Executive
Officer, Special Grade Executive Officer, Financial Advisor and Chief
Accounts Officer etc.
108. Term of appointment of Executive Officer and Joint Executive Officer
109. Powers and functions of Officers appointed under section 106
110. Extraordinary powers of the Executive Officer
111. Funds of the Tirumala Tirupathi Devasthanams
112. Establishment of Dharma Prachara Parishad
113. Establishment of Sri Venkateswara Sishtacharya Vidya Samstha
114. Civic Administration of Tirumala Hills area
115. Powers of Government to take over or transfer control and management of
educational institutions belonging to Tirumala Tirupathi Devasthanams
to the Government or any authority
116. Budget
117. Accounts and Audit
118. Encroachments
119. Enquiries
120. Appeals
121. Revision
122. Review
123. Right of pre-emption
124. Oath of office
125. Administration Report
126. Meeting of the Board of Trustees
127. Acts of the Board of Trustees not to be invalidated by informality vacancy
etc.
128. Board of Trustees to be in possession of institutions and properties
129. Suits and other legal proceedings by or against Tirumala Tirupathi
Devasthanams
130. Cost of Proceedings etc.
131. Annual inspection
CHAPTER - XV
MISCELLANEOUS
132. Power of the Commissioner to transfer proceedings etc.
133. Duty of trustees, etc., to handover charge to successor and procedure for
recovery of possession of institution etc., in case of default
134. Trustee not to lend or borrow money without sanction
135. Dissolution of the Board of Trustees
136. Cost of proceedings etc
137. Appointment of specified authority by Government in certain cases
138. Public Officers to furnish copies or extracts from certain documents
139. Power to enter and inspect
140. Bequest under will for benefit of charitable or religious institution or
endowment
141. Court fee to be paid as specified in the Third Schedule
142. Savings
143. Property of charitable or religious institution or endowment not to vest
under the law of limitation after commencement of this Act
144. Abolition of shares in Hundi and other rusums
145. Adoption or amalgamation of institutions and endowments
146. Constitution of Renovation Committee and its liability
147. Imposing of fines and executions
148. Recovery of contributions etc., as arrears of land revenue
149. Procedure and powers at enquiries under this Act
150. Notifications orders etc., under the Act not to be questioned in Courts of
law
151. Bar of Jurisdiction
152. Constitution of an Advisory Council for the State
153. Power to make rules
154. Exemptions
155. Repeals and Savings
156. Certain enactments cease to apply to charitable and religious institutions
157. Trustees etc., to be public servants
158. Validation
159. Power to remove difficulties
160. Overriding effect of the Act
161. Archakas and other employees welfare fund.
162. Constitution of Endowments Tribunal.
163. The existing Chairpersons/Members of Trust Boards of the Institutions
including TTDs shall cease to hold office
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
THE ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS
INSTITUTIONS AND ENDOWMENTS ACT, 1987
ACT No.30 OF 1987
[13th May, 1987]
AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE
ADMINISTRATION AND GOVERNANCE OF CHARITABLE AND HINDU
RELIGIOUS INSTITUTIONS AND ENDOWMENTS IN THE STATE OF
ANDHRA PRADESH.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Thirty-eighth Year of the Republic of India as follows:-
CHAPTER -I
PRELIMINARY
1. Short title, extent, applications and commencement - (1) This Act may
be called the Andhra Pradesh Charitable and Hindu Religious Institutions and
Endowments Act, 1987.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It applies to -
(a) all public charitable institutions and endowments, whether
registered or not, in accordance with provisions of this Act,
other than Wakfs governed by the provisions of the Wakfs Act,
1954 (Central Act 29 of 1954).
Explanation: - In this clause, the expression "public charitable institutions
and endowments" shall include every charitable institution or endowment the
administration of which is for the time being vested in any department of
Government, or Civil Court, Zilla Praja Parishad, Municipality or other local
authority, or any company, society, organisation, institution or other person;
(b) all Hindu public religious institutions and endowments
whether registered or not in accordance with the provisions of
this Act.
(4) It shall come into force on such date as the State Government may, by
notification in the Andhra Pradesh Gazette, appoint.
2. Definitions - In this Act, unless the context otherwise requires -
(1) ‘archaka’ includes a Pujari, Panda, an Archakatvam Mirasidar or other
person, who personally performs or conducts any archana, puja or other ritual:
1[(1–A) ‘Archakas and other employees Welfare Fund’ means, the Fund
created for the welfare of the Archakas and other employees of the Hindu
Religious Institutions and Endowments in the State of Andhra Pradesh under
section 161.]
(2) ‘Assistant Commissioner’ means the Assistant Commissioner
appointed under sub-section (1) of section 3 and includes every officer who for
the time being exercises the powers and performs the functions of an Assistant
Commissioner under this Act or the rules made thereunder in respect of any
charitable or religious institutions or endowments, as specified in sub-section
(5) of section 3;
2 [(2a) Board means the Tirumala Tirupathi Devasthanams Board
constituted by3 the Government under Section 96;
 (2b) "Chairman" means the Chairman of the Board of the Committee of
Management of Tirumala-Tirupathi Devasthanams appointed under Section
96]
1 . Inserted by the Act  No. 30 of 2007, S.2  (w.e.f. 14-12-2007)2. Inserted by the Act  No. 26 of 1990, S.2  (w.e.f. 07-12-1990)
(3) ‘charitable endowment’ means all property given or endowed for any
charitable purpose;
Explanation-I:-Any property which belonged to or was given or endowed for
the support or maintenance of a charitable institution or which was given,
endowed or used as of right for any charitable purpose shall be deemed to be a
charitable endowment within the meaning of this definition, notwithstanding
that before or after the commencement of this Act, the charitable institution
has ceased to exist or ceased to be used for any charitable purpose or the
charity has ceased to be performed.
Explanation-II:- Any Inam granted to a service holder or to an employee of a
Charitable institution for the performance of any charity or service in
connection with a charitable institution shall not be deemed to be a personal
gift to the service holder or to the employees notwithstanding the grant of
ryotwari patta to such service holder or employee under the Andhra Pradesh
(Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (Act III
of 1956), but shall be deemed to be a charitable endowment;
(4) ‘charitable institution’ means any establishment, undertaking,
organisation or association formed for a charitable purpose and includes a
specific endowment and dharmadayam;
(5) ‘charitable purpose’includes -
(a) relief of poverty or distress;
(b) education;
(c) medical relief;
(d) advancement of any other object of utility or welfare to the
general public or a section thereof not being an object of an
exclusively religious nature;
(6) ‘Commissioner’ means the Commissioner and the Additional
Commissioner appointed under sub-section (1) of section 3 and includes every
officer who for the time being exercises the powers and performs the functions
of a Commissioner under this Act or the rules made thereunder in respect of
any charitable or religious institution or endowment as specified in sub-section
(5) of section 3;
(7) ‘Common Good Fund’ means the Andhra Pradesh Hindu Charitable
and Religious Institution and Endowments Common Good Fund, or the Andhra
Pradesh Charitable Institutions and Endowments Common Good Fund as the
case may be, created under sub-section (1) section 70;
1 [(7-a)"Committee" means the Tirumala-Tirupathi Devasthanams
Management Committee appointed by the Government under Section 97-A for
the administration of the Tirumala-Tirupathi Devasthanams;]
(8) ‘Court’ means -
(i) in relation to a charitable or religious institution or
endowment situated within the limits of the Municipal
Corporation of Hyderabad, the City Civil Court,
Hyderabad;
(ii) in relation to a charitable or religious institution or
endowment situated elsewhere in the State, the
Subordinate Judge's Court having Jurisdiction over the
area in which the said institution or endowment is
situated or, if there is no such court, the District Court
having Jurisdiction over such area ;
1. Inserted by the Act  No. 26 of 1990, S.7 (w.e.f. 07-12-1990)
(iii) in relation to a specific endowment attached to a
charitable or religious institution, the Court which would
have jurisdiction as aforesaid in relation to such
charitable or religious institution;
(iv) in relation to a specific endowment attached to two or
more such institutions, any Court which would have
jurisdiction as aforesaid in relation to either or any of
such institutions;
(9) ‘Deputy Commissioner’ means the Deputy Commissioner appointed
under sub-section (1) of section 3 and includes every officer who for the time
being exercises the powers and performs the functions of a Deputy
Commissioner under this Act or the rules made there under in respect of any
charitable or religious institution or endowment as specified in sub-section (5)
of section 3;
(10) ‘Dharmadayam’ means any amount charged or collected under
whatever name, according to custom or usage of any business or trade or the
agreement between the parties relating to any transaction or otherwise from
any party to the said transactions, as being intend to be used for a charitable
or a religious purpose;
1[(10–A) ‘Darmika Parishad’ means the Andhra Pradesh Dharmika Parishad
constituted under section 152.]
(11) ‘dittam’ means the schedule of articles and other requirements of
worship or offering in connection with the daily dhupa, deepa, naivedyam,
pachikam, paricharikam and other general, special or periodical services,
ceremonies or observances in the institution, endowment, math or specific
endowment, as the case may be;
(12) ‘Endowment Administration Fund’means the Andhra Pradesh
Charitable and Hindu Religious Institutions and Endowments Administration
Fund established under sub-section (1) of section 69;
2[(12 – A) ‘Endowments Tribunal’ means a tribunal constituted under
section 162.]
(13) ‘Executive Officer’ means an Officer appointed as such under any of the
provisions of this Act;
 (14) ‘Government’ means the State Government;
 (15) ‘hereditary Office-holder’means any office-holder including Pedda
Jeeyangar, China Jeeyangar, a Mirasidar and an Archaka of a charitable or
religious institution or endowment the succession to whose office devolves
according to the rule of succession laid down by the founder or according to
the usage or custom applicable to the institution or endowment or according to
the law of succession for the time being in force, as the case may be;
(16)‘hereditary trustee’ means the trustee of a charitable or religious
institution or endowment the succession to whose office devolves according to
the rule of succession laid down by the founder or according to usage or
custom applicable to the institution or endowment or according to the law of
succession for the time being in force, as the case may be;
1. Inserted by the Act No.33 of 2007, S.10  (w.e.f 14-12-2007)2  Inserted by the Act No.33 of 2007, S.12 (w.e.f 14-12-2007)
 (17) ‘math’ means a Hindu religious institution presided over by a person,
whose principal duty is to engage himself in the teaching and propagation of
Hindu religion and philosophy or the teachings and philosophy of the
denomination, sect or sampradaya to which the math belongs and in imparting
religious instruction and training and rendering spiritual service or who
exercises or claims to exercise spiritual headship over a body of disciples; and
includes any place or places of religious worship, instruction or training which
are appurtenant to the institution;
1[(17-a) "member" means the member of the Board or Committee]
(18) ‘person having interest’ includes -
(a) in the case of a math, a disciple of the math or a person of
the religious persuation to which the math belongs;
(b) in the case of a charitable institution or endowment or a
religious institution other than a math or a religious
endowment, a person who is entitled to attend at or is in the
habit of attending the performance of service, charity or
worship connected with the institution or endowment or who
is entitled to partake or is in the habit of partaking in the
benefit of any charity or the distribution of gifts thereat;
(c) in the case of a specific endowment, a person who is
entitled to attend at or is in the habit of attending the
performance of the service or charity or who is entitled to
partake or is in the habit of partaking in the benefit of the
charity;
(19) ‘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 rule made thereunder in
respect of any charitable or religious institution or endowment as specified
in sub-section (5) of section 3;
(21)‘religious charity’ 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 movable 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.
Explanation-I:- All property which belonged to or 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-II:- Any Inam granted to an archaka, service-holder or other
employee of a religious Institution for the performance of any service or charity
in connection with a religious institution shall not be deemed to be a personal
gift to the archaka, service-holder or employee, notwithstanding the grant of
ryotwari patta to an archaka, service-holder or employee under the Andhra
Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act,
1956 (Act III of 1956) but shall be deemed to be a religious endowment;
1 . Substituted by the Act No.26 of 1990, S.17 (w.e.f. 14-12-2007)
(23) ‘Religious institution’means a math, temple or specific endowment
and includes a Brindavan, Samadhi or any other institution established or
maintained for a religious purpose;
(24) ‘Revenue Divisional Officer’means any officer in-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
institution or for the performance of any other charity, religious or otherwise;
Explanation-I:-Two 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 construed as a single
specific endowment for the purpose of this Act;
Explanation-II:- Where a specific endowment attached to a charitable or
religious institution is situated partly within the State and partly outside the
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
institution is situated within the State;
(26) ‘State’means the State of Andhra Pradesh;
(27)‘Temple’ means a place by whatever designation known used as a
place of public religious worship, and dedicated to, or for the benefit of, or used
as of right by the Hindu community or any section thereof, as a place of public
religious worship and includes sub-shrines, utsava 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
authority 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 by
the person managing the temple from the public or a section thereof at the time
of worship or other religious function shall be deemed to be a temple;
(28) ‘Tirumala-Tirupathi Devasthanams’ means the temples specified in
the First Schedule and the endowments and properties thereof and shall
include the educational institutions and the other institutions specified in the
Second Schedule and the endowments and properties thereof and Tirumala
Tirupathi Devasthanams shall be deemed to be constituted into a single
religious institution for the purposes of this Act;
(29) ‘trustee’ means any person whether known as mathadhipati, mohant,
dharmakarta mutawally, muntazim or by any other name, in whom either
alone or in association with any other person, the administration and
management of a charitable or religious institution or endowment are vested;
and includes a Board of Trustees;
(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 in this Act, but not defined herein, shall
have the meaning assigned to them in the relevant Acts.
CHAPTER-II
COMMISSIONER, ADDITIONAL COMMISSIONER, REGIONAL JOINT
COMMISSIONER ETC., AND THEIR POWERS AND FUNCTIONS
3. Appointments etc., of Commissioner, Additional Commissioner,
Regional Joint Commissioner, Deputy Commissioner and Assistant
Commissioner - (1) Subject to the provisions of section 4, the Government
shall appoint a Commissioner, Additional Commissioner and such number of
Regional Joint Commissioners, Deputy Commissioners and Assistant
Commissioners as they think fit for the purpose of exercising the powers and
performing the functions conferred on or entrusted to them by or under this
Act.
(2) The Commissioner, the Additional Commissioner and every Regional
Joint Commissioner, Deputy Commissioner or Assistant Commissioner
appointed under sub-section (1) exercising the powers and performing the
functions as aforesaid in respect of religious institutions or endowments, shall
be a person professing Hindu religion and shall cease to exercise those powers
and perform those functions when he ceases 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-section (1) shall be the employees of
the Government and their salaries, allowances, pensions and other
remuneration shall be paid in the first instance out of the Consolidated Fund of
the State and subsequently reimbursed from the Endowments Administration
Fund.
(5) The Government may direct the Commissioner, Additional
Commissioner and every Regional Joint Commissioner, Deputy Commissioner
or Assistant Commissioner appointed under sub-section (1) to exercise the
powers and perform the functions conferred on or entrusted to the
Commissioner, Additional Commissioner or Regional Joint Commissioner,
Deputy Commissioner or Assistant Commissioner, as the case may be, by or
under this Act in respect of charitable or religious institutions or endowments.
4. Qualifications for appointment of Commissioner etc. - (1) A person to be
appointed as the Commissioner, shall be one-
(a) who is holding or has held a post of the District Collector or
a post not lower in rank than that of a District Collector in any
other service in the State; or
(b) who is holding or has held a post in the Andhra Pradesh
State Higher Judicial Service; or
(c) who has at least ten years practice as an Advocate of the
High Court of Andhra Pradesh or of the Supreme Court; or
(d) who has been holding the post of Additional Commissioner:
Provided that no person shall be eligible for appointment as
Commissioner unless he has completed the age of forty-five-years.
1 [(2) The qualifications for appointment to the office of Additional
Commissioner, Regional Joint Commissioner, Deputy Commissioner and
Assistant Commissioner shall be such as may be prescribed].
2[(3) [XXXX]
(4) [XXXX]]
(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
1. Substituted by the Act No. 26 of 1990,S.4 (w.e.f. 07-12-1990)2 .Omitted by the Act No.26 of 1990, S.3.
(b) who has been holding for not less than three years the post
of Superintendent in the Endowments Department or the post
of an Executive Officer of the prescribed grade, by promotion;
(c) who has been holding an equivalent post of Assistant
Commissioner in any of the charitable or religious institutions
or endowments published under clause (a) of section 6
including a person in the service of the Tirumala Tirupathi
Devasthanams, by transfer;
Provided that in the case of Deputy Commissioners and Assistant
Commissioners the number of posts to be filled by Direct recruitment shall not
exceed one-fifth of the cadre strength of each category.
5. State to be divided into regions, divisions and sub-divisions for the
purposes of this Act - For the purposes of this Act, the Commissioner shall
with the previous approval of the Government divide the State into such
number of regions and each such region into such number of divisions and
each such division into such number of sub-divisions as he may deem fit. Each
region shall be in the charge of Regional Joint Commissioner, each division
shall be in the charge of a Deputy Commissioner and each such sub-division
shall be in the charge of an Assistant Commissioner:
Provided that it shall be lawful for the Government to appoint a Regional
Joint Commissioner for more regions than one or a Deputy Commissioner for
more divisions than one or an Assistant Commissioner for more sub-divisions
than one.
6. Preparation and publication of list of charitable and religious
institutions and endowments on the basis of income - The Commissioner
shall prepare separately and publish in the prescribed manner, a list of-
(a) (i) the charitable institutions and endowments ; or
(ii) the religious institutions and endowments other than
maths;
       whose annual income as calculated for the purpose of
levy of contribution under section 65 exceeds rupees five
lakhs1[exceeds rupees twenty five lakhs;]
(b) (i) the charitable institutions and endowments;
(ii) the religious institutions and endowments, other than
maths;
whose annual income calculated as aforesaid exceeds rupees
fifty thousand but does not exceed rupees five lakhs1[exceeds rupees two lakhs but does not exceeds rupees
twenty five lakhs”;]
(c) (i) the charitable institutions and endowments; or
(ii) the religious institutions and endowments other than
maths not falling under clause (a) or clause (b);
(d) the maths irrespective of the income;
(e) the Dharmadayam irrespective of the income:
Provided that the Commissioner may alter the classification assigned to
an institution or endowment in the list and enter the same in the appropriate
list in case the annual income of such institution or endowment calculated as
aforesaid exceeds or falls below the limits specified in clause (a) or clause (b) or
clause (c) for three consecutive years.
1[Provided further that the Government shallbe competent to fix-up
parameters for the purpose of publication of new Institutions from time to
time.]
1 . Substituted by the Act No.33 of 2007, S.3  (w.e.f. 14-07-2007)
7. Commissioner to be corporate sole- The Commissioner shall be a
corporate sole and shall have perpetual succession and common seal and may
sue or be sued in his corporate name.
8. Powers and functions of Commissioner and Additional Commissioner-
(1) Subject to the other provisions of this Act, the administration of all
charitable and Hindu religious institutions and endowments shall be under the
general superintendence and control of the Commissioner and such
superintendence and control shall include the power to pass any order which
may be deemed necessary to ensure that such institutions 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 foregoing provisions, the
Commissioner shall exercise the powers conferred on him and perform the
functions entrusted to him by or under this Act in respect of such institutions
or endowments 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 Commissioner shall be
such as may be determined by the Government from time to time.
(4) The Commissioner may delegate to a Deputy Commissioner any of the
powers conferred on or functions entrusted to the Commissioner 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 including 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 institution or endowment or any class or group of institutions 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
limitations and conditions, if any, as may be specified in the order of
delegation.
(5) The Commissioner may delegate to an Assistant Commissioner any of
the powers conferred on or functions entrusted to the Commissioner by or
under this Act except the powers and functions of the Commissioner 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 Assistant
Commissioner subject to such restrictions and control as the Government may,
by general or special order, lay down and subject also to such limitations and
conditions if any, as may be specified in the order of delegation.
(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 powers 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. Powers and functions of Regional Joint Commissioner- Subject to the
administrative control of the Commissioner, a Regional Joint Commissioner
shall exercise such powers and perform such functions of the Commissioner as
may, from time to time, be determined by the Government in respect of
institutions and endowments in the region and any order passed or proceeding
taken 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. Powers and functions of Deputy Commissioner- Every Deputy
Commissioner shall, within the division in his charge exercise the powers
conferred on and perform the functions entrusted to a Deputy Commissioner
as such by or under this Act, in respect of such institutions or endowments as
are included in the list published under clause (b) of section 6:
1.  Added by the Act No.26 of 2020, S.2 (w.e.f. 20-07-2020)
Provided that where a specific endowment is situated in two or more
divisions, the Commissioner shall decide as to which of the Deputy
Commissioners shall have the jurisdiction to exercise the powers, or perform
the functions in respect of such endowment.
11. Powers and functions of Assistant Commissioner - Every Assistant
Commissioner shall, within the sub-division in his charge, exercise the powers
conferred on, and perform the functions entrusted to, an Assistant
Commissioner as such by or under this Act in respect of all institutions and
endowments included in the list published under clause (c) of section 6:
Provided that where a specific endowment is situated in two or more sub-
divisions, the Commissioner shall decide as to which of the Assistant
Commissioners shall have jurisdiction to exercise the powers, or perform the
functions in respect of such endowment.
12. Powers of Commissioner etc., to enter and inspect institutions and
endowments- (1) The Commissioner, the Additional Commissioner, a Regional
Joint Commissioner, a Deputy Commissioner, or an Assistant Commissioner
having jurisdiction or any other person authorised by the Commissioner in this
behalf, may with due regard to the religious practices and usages of the
institutions, inspect any charitable or religious institution or endowment, all
moveable and immoveable property belonging to, and all records,
correspondence plans, accounts and other documents relating to such
institution or endowment for the purpose of satisfying himself that the
provisions of this Act and the rules made thereunder are duly carried out:
Provided that in the case of any religious institution or endowment or
place of worship, the person so inspecting or authorised to inspect shall be a
Hindu.
(2) Every person exercising the power of inspection under sub-section(1)
or for the purpose of exercising any other power conferred or performing any
function entrusted, by or under this Act shall have the right to enter the
premises of any charitable or religious institution or endowment or any place of
worship:
 Provided that before making such entry for any purpose as aforesaid,
the person exercising such power shall give reasonable notice to the trustee or
head of the institution or endowment or archaka on duty and shall while
making the entry, have due regard to the practices and usages of the
institutions or endowments.
Provided further that in the case of a religious institution or endowment
or place of worship where the custom or usage does not permit the entry of any
person other than the archaka or a person authorised by such custom or
usage, into the sanctum, sanctorum or garbhalaya or any other place held
specially sacred within the premises of such institution or endowment or place
of worship, the person exercising the powers under this section shall not make
the entry himself, unless he is a person authorised by such custom or usage in
that behalf but may authorise any archaka or other person authorised by such
custom or usage to make the entry for the purpose of this section.
13. Commissioner etc., to observe appropriate forms, usages and
practices- (1) The Commissioner, the Additional Commissioner, a Regional
Joint Commissioner, a Deputy Commissioner, an Assistant Commissioner and
every other person, exercising powers or performing the functions under this
Act, shall not interfere with and shall observe the forms, usages, ceremonies
and practices obtaining in and appropriate to the religious institution or
endowment in respect of which such powers are exercised or functions are
performed and in the case of a math, act in conformity with the rules,
practices, usages or customs of the math in his dealings with the head of the
math.
(2) The Commissioner, shall subject to such directions as the
Government may give from time to time, prepare a code of conduct for the
trustees, archakas and other office holders, servants and employees and for the
persons visiting, worshipping at or restoring to a religious institution or
endowment and different codes may be prepared in relation to different classes
of institutions or endowments.
(3) Any person violating the code of conduct so prepared shall be liable to
be evicted from the premises of the institution or endowment.
CHAPTER-III
ADMINISTRATIONAND MANAGEMENT OF CHARITABLE AND HINDU
RELIGIOUS INSTITUTIONS AND ENDOWMENTS
14. Vesting of all properties in the institution or endowment- All
properties belonging to, or given or endowed to a charitable or religious
institution or endowment shall, vest in the charitable or religious institution or
endowment, as the case may be.
1[15. Appointment of Board of Trustees- In respect of a Charitable or
Religious Institution or Endowment,-
2[(1) Any institution included in the list published under clause (a) section 6,-
(i) where the income for the institution exceeds Rs.20.00 crores (Rupees
Twenty Crores) per annum, the Government shall constitute a Board of Trustees
consisting of fifteen (15) persons3[at its pleasure except for founder family
member and ex-officio members].
(ii) where the income for the institution is between Rs.5.00 crores (Rupees
Five Crores) to Rs.20.00 (Twenty Crores) per annum, the Government shall
constitute a Board of Trustees consisting of eleven (11) persons2[at its pleasure
except for founder family member and ex-officio members];
(iii) where the income for the institution is between Rs.1.00 crore (Rupees
One Crore) to Rs.5.00 crores (Rupees Five Crores) per annum, the Government
shall constitute a Board of Trustees consisting of nine (9) persons2[at its
pleasure except for founder family member and ex-officio members].
(iv) where the income for the institution is between Rs.25.00 lakhs
(Rupees Twenty Five Lakhs) to Rs.1.00 crore (Rupees One Crore) per annum, the
Andhra Pradesh Dharmika Parishad shall constitute a Board of Trustees
consisting of nine (9) persons.2[at its pleasure except for founder family member
and ex-officio members]”.
(2) Where the income of the institution is between Rs. 2.00 lakhs to
Rs.25 lakhs per annum, the Commissioner shall appoint a Board of
Trustees consisting of4[Seven persons]2[at its pleasure except for founder
family member and ex-officio members]and where the income of the
institutions is less than Rs.2.00 lakhs per annum, the Deputy
Commissioner concerned may constitute a Board of Trustees consisting of3[five] persons2[at its pleasure except for founder family member and ex-officio
members]in respect of each such temple keeping in view the traditions,
sampradayams and wishes of the devotees.
Provided that the Deputy Commissioner may either in the interest of the
institution or endowment or any other sufficient cause or for reasons to be
recorded in writing appoint a single trustee instead of a Board of Trustees:
Provided further that in the case of a religious institution, the Archaka or
where there is more than one Archaka, the Pradhana Archaka thereof shall be
an ex-officio member of the Trust Board notwithstanding clause (g) of sub-
section (1) of section 19:
1. Substituted by the Act No.33 of 2007, S.4.2.  Sub-section (1) Substituted by the Act No.8 of 2014, S.2 (w.e.f. 20-09-2014)3.  Inserted by the Act No.31 of 2019, S.2 (w.e.f. 17-08-2019)4. Substituted by the Act No.8 of 2014, S.2.
Provided also that where the Board of Trustees is not constituted for any
reason, the recognised Founder or Member of the Founder‘s Family shall
discharge the functions of the Board of Trustees till a new Board of Trustees is
constituted:
Provided also that where there is no Executive Officer or Founder Family
member to any institution or where the Government or the authority competent
to constitute a Trust Board has not constituted the Trust Board within the
period specified under this sub-section, the Commissioner shall make such
arrangement as he deems fit to look after the affairs of the institution during the
interregnum period between the date of expiry of the terms of the Trust Board
and constitution of the new Trust Board:
1[Provided also that two members of the Board of Trustees shall be a
prominent persons with a long, track record of Philanthropy and support to
Hindu Religious Institutions.”]
16. Abolition of hereditary trustees- Notwithstanding any compromise or
agreement entered into or scheme framed, or judgment, decree, 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. Procedure for making appointments of trustees and their term- (1) In
making the appointment of trustees under section 15 the Government, the
Commissioner, the Deputy Commissioner or the Assistant Commissioner, as
the case may be, shall have due regard to the religious denomination or any
section thereof to which the institution belongs or the endowment is made and
the wishes of t

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