LexThe Himachal Pradesh Hindu Public Religious Institution and Charitable Endowments Act, 1984
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS
INSTITUTIONS AND CHARITABLE ENDOWMENTS ACT, 1984
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent, application and commencement.
2. Definitions.
CHAPTER II
APPOINTMENT OF OFFICERS AND STAFF
3. Appointment of the Commissioner and other officers.
4. Commissioner to be a Hindu.
5. Powers and functions of the Commissioner.
CHAPTER III
PREPARATION AND MAINTENANCE OF REGISTERS
BY RELIGIOUS INSTITUTIONS
6. Preparation and maintenance of registers by religious institutions.
7. Annual verification of the register.
CHAPTER IV
ADMINISTRATION AND MANAGEMENT OF HINDU
PUBLIC RELIGIOUS INSTITUTIONS AND CHARITABLE
ENDOWMENTS
8. Trustee bound to obey order made under the Act.
9. Care to be required of trustee and his powers.
10. Trustee to furnish accounts, returns, etc.
11. Inspection of property and documents.
12. Alienation of immovable properties of public religious institution
and charitable endowment.
13. Restriction on registration of document.
14. Recovery of immovable property unlawfully alienated.
15. Removal of encroachment of land and premises belonging to a
religious institution and endowment.
16. Power to act for protection of Hindu public religious institution
and charitable endowment.
17. Authority of trustee to incur expenditure for securing the health,
safety, or convenience of pilgrims and worshippers.
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
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CHAPTER V
APPOINTMENT AND REMOVAL OF TRUSTEES AND
PUJARI
18. Appointment and tenure of non-hereditary trustee and pujari.
19. Power to suspend, remove or dismiss trustees and pujaries.
20. Disqualifications of trustees and pujaries.
21. Filling of vacancy in the office of hereditary trustee or pujari.
CHAPTER VI
BUDGET AND MAINTENANCE OF ACCOUNTS
22. Budget of religious institutions and charitable endowments.
23. Accounts.
CHAPTER VII
OFFENCES AND PENALTIES
24. Penalty for refusal by trustees etc. to comply with the provisions
of this Act.
25. Penalty for wrongful withholding of property belonging to the
religious institution and charitable endowment.
CHAPTER VIII
MISCELLANEOUS
26. Protection of action taken under this Act.
27. Power to give directions.
28. Power of State Government to review.
29. Power to amend Schedule I.
30. Delegation of powers.
31. Power to remove difficulties.
32. Bar of jurisdiction.
33. Act not to apply to certain religious institutions.
34. Power to make rules.
35. Certain enactments to cease to apply to Hindu Public Religious
Institutions and Charitable Endowments.
SCHEDULE I
SCHEDULE II
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
3
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS
INSTITUTIONS AND CHARITABLE ENDOWMENTS ACT, 1984
(ACT NO. 18 OF 1984)1
(Received the assent of the Governor, Himachal Pradesh, on the 13th
July, 1984 and was published both in Hindi and English in the Rajpatra,
Himachal Pradesh (Extra-ordinary), dated the 6th August, 1984, pp 1395-
1426)
An Act to provide for the better administration of Hindu Public Religious
Institutions and Charitable Endowments and for the protection
and preservation of properties appertaining to such institutions
and endowments.
Amended, repealed or otherwise affect by,-
(i) H.P. Act No. 14 of 2007, assented to by the Governor on 31st
May, 2007, published in Rajpatra, Himachal Pradesh both in
Hindi and English on 5th June, 2007, pp. 2203-2208.
(ii) H.P. Act No. 14 of 20102, assented to by the Governor on
11th June, 2010, published in Rajpatra, Himachal Pradesh
both in Hindi and English on 17th June, 2010, pp. 1439-1446.
(iii) H.P. Act No. 31 of 20113, assented to by the Governor on 24th
May, 2011, published in Rajpatra, Himachal Pradesh both in
Hindi and English on 27th May, 2011, pp. 898-899.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Thirty-fifth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent, application and commencement.- (1) This Act
may be called the Himachal Pradesh Hindu Public Religious Institution and
Charitable Endowments Act, 1984.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall apply to all Hindu Public Religious Institutions and
Charitable Endowments mentioned in the Schedule I.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary),
dated 12th April, 1984, pp. 678 and 695.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha . For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 20.4.2010,
pp. 312 and 316.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha . For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh ,dated 11th April,
2011, pp. 256 and 258.
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
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Explanation .- The word "Hindu" shall mean the person contemplated
under clause (a) and clause (b) of sub-section (1) of section 2 of the Hindu
Marriage Act, 1955 (25 of 1955) and the expression "Hindu Public Religious
Institution and Charitable Endowment" shall be construed accordingly.
1[(4) Section 1 shall come into force at once and the remaining
sections of the Act shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint and different dates may
be appointed for different sections of this Act and for different Hindu Public
Religious Institutions and Charitable Endowments.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "Charitable Endowments" means all property given or endowed
for the benefit of, or used as of right by the community or any
section thereof for the support or maintenance of objects of
utility to the said community or section, such as sarais, rest
houses, pathshalas, schools and colleges, houses for feeding the
poor and institution for advancement of education, medical
relief fund and Public health or other objects of like nature and
includes the institution concerned;
(b)" Commissioner" means the Commissioner appointed under
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;
(c) "Financial Commissioner" shall mean the Financial
Commissioner appointed by the Government to exercise the
powers under this Act;
(d) "Government" means the Government of Himachal Pradesh;
(e) "hereditary trustee" means the trustee of a religious institution
succession to whose office devolves by hereditary right or by
nomination by the trustee for the time being in office or is
regulated by custom or is specifically provided for by the
founder, so long as such scheme of succession is in force;
2[(f) “Hindu public religious institutions” means a math, temple,
smadh, smadhi, dera and endowment attached thereto or a
specified endowment, established with a religious object for a
public purpose and includes,-
1. All sections of the Act came into force with effect from 16th November, 1984
(except section 1 which has already come into force) in respect of the Hindu
Public Religious Institutions and Charitable Endowments specified in Schedule-I
of the Act, vide Notification No. 16-15/75. GAD. Vol. IV, dated 16th November,
1984 published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 17th
November, 1984, p.1884.
2. Clause (f) substituted vide Act No. 14 of 2007.
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
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(i) all property movable or immovable belonging to or given or
endowed for worship in, maintenance or improvement of,
addition to, a math, temple, smadh, smadhi or dera for the
performance of any service of charity connected therewith.
(ii) the idols installed in the math, temple, smadh, smadhi or
dera, cloths, ornaments and things, for decoration etc,
(iii) religious institution under the direct control of the State
Government, but does not include such private religious
math, temple, smadh, smadhi or dera, in which the public
are not interested:
Provided that any offering whether in kind or in cash made
by any pilgrim or by any other person in any Hindu Public
religious institution shall be deemed to be such property of such
religious institution;]
(g) "math" means a math as understood under Hindu law;
(h) "non hereditary trustee" means a trustee who is not a hereditary
trustee;
(i) "prescribed" means prescribed by rules made by the
Government under this Act;
1[(j) “pujari” includes a panda or a person appointed by the
Commissioner for performing puja or other rituals, other than
hereditary trustees holding office as trustee;]
(k) "schedule" means the schedule appended to this Act;
(l) "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
(m) "trustee" means any person or body of persons, by whatever
designation known, in whom or in which the administration of
Hindu Public Religious Institution and Charitable Endowments
is vested, and includes any person or body of persons who or
which is liable as if such person or body of persons were a
trustee.
CHAPTER II
APPOINTMENT OF OFFICERS AND STAFF
3. Appointment of Commissioner and other officers.- (1) The
Government shall appoint one or more Commissioners for the whole or
different parts of the State of Himachal Pradesh to exercise the powers and
functions conferred upon, or entrusted to, him by or under this Act.
1. Clause (j) substituted vide Act No. 14 of 2007.
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
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1[(1-A) The Principal Secretary or Secretary (Language, Arts and
Culture) to the State Government shall be the Chief Commissioner (Temple).]
(2) The Government may, from time to time, appoint such other
officers and staff to assist the Commissioner as it may deem fit.
(3) The conditions of service of officers appointed under sub-section
(2) shall be such as may be determined by the Government 2[and Recruitment
and Promotion Rules and other conditions of service of the temple trusts
employees shall be such as may be notified by the Chief Commissioner
(Temple).]
4. Commissioner to be a Hindu.- A Commissioner and other officers
who may be directed to exercise any or all the powers or perform the
functions of the Commissioner, shall be appointed out of the persons
professing the Hindu religion.
5. Powers and functions of the Commissioner.- (1) Subject to the
other provisions of this Act, the administration of all Hindu Public Religious
Institutions and Charitable Endowments shall be under the general
superintendence and control of the Commissioner and such superintendence
and control shall include the power to pass orders 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 founded or exist.
(2) Without prejudice to the generality of the foregoing provisions,
the Commissioner shall exercise the powers conferred on him and perform
functions entrusted to him by or under this Act and the rules framed
thereunder.
3[(3) Subject to Section 20, the Commissioner may constitute a
Managing Committee or the trustees for superintendence and control of the
temple, if deems proper.
(4) The recruitment, purchase of vehicle or new construction work in
any temple, shall be subject to the prior approval of the Chief Commissioner
(Temple).
(5) The Commissioner shall exercise the financial powers upto fifty
thousand rupees each Scheme, and the Scheme involving expenditure
exceeding fifty thousand rupees, shall be approved by the Chief
Commissioner (Temple) and such Scheme shall be forwarded by the Director,
Department of Language and Culture, Himachal Pradesh to the Chief
Commissioner (Temple).
Provided that the maximum limit fixed under this sub-section shall
not apply in release of salaries or honorarium of the staff of the temple,
1. Sub-section (1-A) inserted vide Act No. 14 of 2007.
2. Substituted for sign “.” vide Act No. 14 of 2007.
3. Inserted vide Act No. 14 of 2007.
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
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trustees, committees or other institutions under the control of trusts or
committees.]
CHAPTER III
PREPARATION AND MAINTENANCE OF REGISTERS BY
RELIGIOUS INSTITUTIONS
6. Preparation and maintenance of registers by religious
institutions.- (1) For every Hindu Public Religious Institution and Charitable
Endowments, there shall be prepared and maintained, in such form and
manner as may be prescribed, a register showing-
(a) the origin and history of the institution, the names of the past and
present trustees and particulars as to the custom or usage, if any,
regarding succession to the office of the trustee;
(b) particulars of the scheme of administration and of the scale of
expenditure;
(c) the name of all offices to which any salary, emolument or
perquisite is attached and the nature, time and conditions of
service in each case;
(d) the money, jewels, gold, silver, precious stones, vessels and
utensils and other movables belonging to the institution, with
their weights, details of the constituent elements and estimated
value thereof;
(e) particulars of immovable properties and all other endowments of
the institution and all title deeds and other documents;
(f) particulars of, details of constituent elements of and coloured
photographs of the idols and other images in or connected with
the institution, whether intended for worship or for being carried
in processions;
(g) particulars of ancient or historical records with their contents in
brief; and
(h) such other particulars as may be required by the Commissioner.
(2) The register shall be prepared, signed and verified by the trustee of
institution concerned or by his authorised agent and submitted by him to the
Commissioner, in duplicate within three months from the date of the notice
served upon him by the Commissioner in this behalf or within such further
period as may be allowed by the Commissioner:
Provided that each trustee or his agent specially authorised by him in
that behalf shall be required to swear an affidavit that the list of properties,
both movable and immovable, owned by the institution as shown in the
register is complete.
(3) The Commissioner may, after such enquiry as he may consider
necessary, recommend and direct the trustee to carry out such alterations,
omissions or additions in the registers as the Commissioner may think fit.
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
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(4) The trustee shall carry out the directions of the Commissioner and
submit the register to the Commissioner for approval within a period of three
months from the date of the order, failing which the register shall be deemed
to have been corrected accordingly.
(5) A copy of the register as approved by the Commissioner shall be
made available to the trustee.
7. Annual verification of the register .- (1) The trustee or his
authorised agent shall scrutinise the entries in the register every year, or at
such interval of times, as may be prescribed, and submit to the Commissioner
for his approval, verified statement showing the alterations, omissions or
additions required in the register.
(2) The Commissioner may, thereupon, after such inquiry as he may
consider necessary, direct the alterations, omissions or additions, if any, to be
made in the register.
(3) A copy of the order made under sub-section (2) shall be made
available to the trustee.
(4) The trustee shall carry out the alterations, omissions or additions
ordered by the Commissioner in the copy of the register kept by him, within
three months from the date of the order, failing which the copy of the register
shall be deemed to have been corrected accordingly.
CHAPTER IV
ADMINISTRATION AND MANAGEMENT OF HINDU
PUBLIC RELIGIOUS INSTITUTIONS AND CHARITABLE
ENDOWMENTS
8. Trustee bound to obey orders made under the Act.- The trustee
of a Hindu Public Religious Institution and Charitable Endowments shall
carry out all orders made and directions given by the Commissioner under the
provisions of this Act.
9. Care to be required of trustee and his powers .- (1)The trustee of
every Hindu Public Religious Institution and Charitable Endowment shall
administer its affairs and apply its funds and properties in accordance with the
terms of the trust, the custom or usage of the institution and lawful direction
which a competent authority may give in respect thereof.
(2) A trustee shall, subject to the provisions of this Act, be entitled to
exercise all powers incidental to the prudent and beneficial administration of
the Hindu Public Religious Institution and Charitable Endowments and to do
all things necessary for the due performance of the duties imposed upon him.
(3) A trustee shall not be entitled to spend the funds of the Hindu
Public Religious Institution and Charitable Endowment for meeting any cost,
charges and expenses incurred by him in any suit, appeal or application or
other proceedings for, or incidental to, his removal from office or the taking of
any disciplinary action against him:
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
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Provided that the trustee may reimburse himself in respect of such
costs, charges or expenses, if he is specifically permitted to do so by the
Commissioner.
10 Trustee to furnish accounts, returns, etc.- The trustee of every
Hindu Public Religious Institution or Charitable Endowment shall furnish to
the Commissioner such accounts, returns, reports or other information relating
to the administration of the institution in his charge, its funds, property or
income or money connected therewith, or the appropriation thereof, as the
Commissioner may require, and at such time and in such form as it may
direct.
11. Inspection of property and documents .- (1) The Commissioner,
or any officer or other person deputed in that behalf by the Commissioner or
the Government, may inspect all movable or immovable properties belonging
to, all records, correspondence, plans, accounts and other documents relating
to any Hindu Public Religious Institution and Charitable Endowment and it
shall be the duty of the trustee of such institution and endowment and all
officers and servants working under him, his agent and any person having
concern in the administration thereof, to afford all such assistance and
facilities as may be necessary or reasonably required in regard to such
inspection, and also to produce any such movable property or document for
inspection, if so required.
(2) For the purposes of inspection as aforesaid the inspecting
authority shall, subject to the local practice, custom or usage, have power to
enter at any reasonable hour the premises of any public religious institution or
any place of worship.
(3) Nothing in this section shall be deemed to authorise any person to
enter the premises or place referred to in sub-section (2) or any part thereof
unless such person professes the religion to which the premises or place
belongs.
12. Alienation of immovable properties of Public Religious
Institution and Charitable Endowments .- (1) Notwithstanding anything
contained in any law for the time being in force, no transfer by exchange, sale,
mortgage or in any other manner whatsoever, and no lease of any immovable
property belonging to, or given or endowed for the purposes of any Hindu
Public Religious Institution and Charitable Endowment shall be made unless
it is sanctioned by the Commissioner as being necessary or beneficial to the
institution and any transfer made in contravention of this sub-section shall be
void and inoperative.
(2) In according such sanction, the Commissioner may declare it to be
subject to such conditions and directions as he may deem necessary regarding
the utilisation of the amount raised by the transaction, the investment thereof
and in the case of a mortgage, regarding discharge of the same within a
reasonable period.
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
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(3) A copy of the order of the Commissioner under this section shall
be communicated to the trustee and shall be published in such manner as may
be prescribed.
(4) The trustee may within three months from the date of receipt of a
copy of the order and any person having interest may, within three months
from the date of the publication of the order, prefer an appeal to the Financial
Commissioner, who may modify the order or set it aside.
1[12-A. Alienation of gold and silver of Hindu Public Religious
Institutions and Charitable Endowments.— (1) The offerings of devotees
received in the shape of various varieties of gold and silver by the Hindu
Public Religious Institutions and Charitable Endowments shall be caused to
be purified, invested and disposed of after the approval of the Committee
constituted under sub-section(2). The gold and silver shall be caused to be
purified from the Mines and Minerals Trading Corporation, Mumbai and shall
be invested and disposed of in the following manner, namely :—
(A) Gold :
(i) 10 per cent gold shall be used for the various activities related
to temples;
(ii) 20 per cent gold shall be invested in the “GOLD BOND
SCHEME” of the State Bank of India; and
(iii) 2[20] per cent gold shall be kept reserved in the temples.
3[(iv) 50% gold shall be converted into gold biscuits or coins and
shall be sold to the devotees and pilgrims on the current
prevailing market price.]
(B) Silver :
(i) 20 per cent silver shall be used for the various temple activities;
(ii) 20 per cent silver shall be kept reserved in the temples; and
(iii) 60 per cent silver shall be converted into silver coins and shall
be sold to the devotees and pilgrims on the current market price
prevailing at that time.
(2) For the purpose of grant of approval for purification of gold and
silver and their disposal, a Committee shall be constituted by the
Commissioner (Temple) which shall consist of the following members,
namely :—
(i) Concerned Commissioner (Temple) — Chairman;
(ii) Official member of the Temple Trust — member;
(iii) Two non-official members, to be — member;
1. Section 12-A. inserted vide Act No. 14 of 2010.
2. Substituted for the figure “70” vide Act No. 31 of 2011
3. Inserted vide Act No. 31 of 2011.
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
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nominated by the State Government
1[ XXXXXXXXXXXXXXXXXXX]]
(vi) Concerned District Language Officer — member; and
(vii) Temple Officer of the temple
concerned.
Member-
Secretary
(3) The tenure of the non-official members shall be two years from
the date of notification, however, a non-official member may be removed by
the State Government at any time before expiry of his tenure for the reasons to
be recorded in writing.
(4) A non-official member shall be entitled to the travelling allowance
and daily allowance for attending the meetings of the Committee in
accordance with rules and instructions issued by the State Government from
time to time and the same shall be payable from the income of the temple
concerned by the Temple Officer.
(5) There shall be a State Level Coordination Committee, to be
constituted by the Principal Secretary (LAC)-cum-Chief Commissioner
(Temples), to monitor and supervise the functions of the Committee
constituted under sub-section (2). The committee shall consist of the
following members, namely :-
(i) Chief Commissioner (Temple) — Chairman;
(ii) Director (Language & Culture), Himachal
Pradesh
— Member; and
(iii) One representative of the Finance
Department who shall be in the rank of
Joint Secretary or above
— Member.]
13. Restriction on registration of document.- Notwithstanding
anything contained in the Indian Registration Act, 1908 (16 of 1908), the
registering authority shall not accept for registration any deed of alienation of
immovable property belonging to any Hindu Public Religious Institution and
a Charitable Endowment unless a certified copy of the order made under
section 12 sanctioning such alienation is filed alongwith the deed.
14. Recovery of immovable property unlawfully alienated.- (1)
Whenever it comes to the notice of the Commissioner that any immovable
property belonging to any Hindu Public Religious Institution and Charitable
Endowment has been alienated in contravention of section 12, he shall refer
the matter to the Financial Commissioner.
(2) Upon receipt of a reference made under sub-section (1), the
Financial Commissioner, shall hold a summary enquiry in the prescribed
manner and on being satisfied that any such property has been so alienated,
1. Clauses (iv) and (v) omitted vide Act No. 31 of 2011.
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
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shall deliver possession of the same to the trustee of the institution or
endowment.
15. Removal of encroachment of land and premises belonging to a
religious institution and endowment.- (1) The provisions contained in the
Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery)
Act, 1971 (22 of 1971) shall be applicable, as far as may be, in respect of
unauthorised occupation of any land or premises belonging to any Hindu
Public Religious Institution and Charitable Endowment as if it were the
property of Government within the meaning of that Act.
(2) The Commissioner may make any application for taking up
appropriate proceedings under the said Act to the authority competent
thereunder and thereupon it shall be lawful for such authority to take action in
accordance with the provisions in that Act.
16. Power to act for protection of Hindu Public Religious
Institution and Charitable Endowments.- (1) Where the Commissioner has
the reason to believe that,-
(a) any property belonging to a Hindu Public Religious and
Charitable Endowments is in danger . of being wasted, damaged
or improperly alienated by any trustee or any person, or
(b) the trustee or such person threatens, or intends to remove or
dispose of that property, the Commissioner may, by order grant
a temporary injunction or make such other order, for the purpose
of staying and preventing the wastage, damage, alienation, sale,
removal, or disposition of such property, on such terms as to the
duration of injunction, keeping of accounts, giving security,
production of the property or otherwise, as he thinks fit.
(2) The Commissioner shall in all such cases, except where it appears
that the object of granting injunction would be defeated by delay, before
granting an injunction, give notice of the facts to the trustee or person
concerned.
(3) After hearing the trustee or person concerned and holding such
inquiry, as he may think fit, the Commissioner may confirm, discharge, vary
or set aside the order of injunction or pass an appropriate order.
(4) In case of disobedience or breach of any injunction, any of its
terms or any order passed under this section, the Commissioner may apply to
the Financial Commissioner, who may, after hearing the Commissioner and
the party affected, order the property of the person, guilty of such
disobedience or breach, to be attached, and may also order the said person to
be detained in civil prison for a term not exceeding one year. No attachment
under this sub-section shall remain in force for more than two years, at the end
of which time, if the disobedience or breach continues, the property attached
may be sold, and out of the proceeds, the Financial Commissioner may award
such compensation as he thinks fit, and shall pay the balance, if any, to the
person entitled thereto, and thereupon the temporary injunction granted or any
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
13
order passed by the Commissioner under this section, if in force, shall stand
vacated or, as the case may be, cancelled.
(5) A trustee or a person, against whom, the order of injunction or any
other order under this section is passed, may, within ninety days from the date
of communication of such order, appeal to the Financial Commissioner
against such order.
17. Authority of trustee to incur expenditure for securing the
health, safety or convenience of pilgrims and worshippers.- The trustee of
a Hindu Public Religious Institution and Charitable Endowment may, out of
the funds in his charge, after satisfying adequately the purpose of the
institution or endowment, as the case may be, including the proper
performance of puja and other rituals, incur expenditure,-
(a) for propogation of Hindu religion and faith according to the
tenets of the religious institution;
(b) for establishment and maintenance of the educational
institutions;
(c) for training of vidyarthies; and
(d) for securing the health, safety and convenience of disciples,
pilgrims and worshippers visiting the institution or endowment.
CHAPTER V
APPOINTMENT AND REMOVAL OF TRUSTEES AND
PUJARIS
18. Appointment and tenure of non-hereditary trustee and
pujari.- (1) The Commissioner shall, in cases where there is no hereditary
trustee or pujari of a Hindu Public Religious Institution and Charitable
Endowment, appoint non-hereditary trustee or pujari, as the case may be, in
respect of such a Hindu Public Religious Institution and Charitable
Endowment, and in making such appointment, he shall have due regard to the
claims of persons belonging to the religious denomination for whose benefit
the said institution and charitable endowment is mainly maintained.
(2) A non-hereditary trustee or a pujari shall hold office for a term of
five years, unless in the meanwhile the trustee or pujari is removed or
dismissed or his resignation is accepted by the Commissioner or he otherwise
ceases to be a trustee or a pujari.
(3) Every non-hereditary trustee or a pujari lawfully holding office on
the date as may be specified by the Government in this behalf shall be deemed
to have been duly appointed under this Act for the unexpired portion of his
term of office or if there is no fixed term of office, for the next period of five
years.
(4) A non-hereditary trustee or a pujari shall be eligible for re-
appointment.
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
14
1[(5) Notwithstanding anything contained in sub-section (1), the
Commissioner shall appoint not exceeding twenty trustees including officials,
non-officials, hereditary and non-hereditary trustees which shall constitute the
trust.
(6) The quorum of the meeting of the trust shall be two third of the
total number of trustees.]
19. Power to suspend, remove or dismiss trustees and pujaris .-
(1) The Commissioner may suspend, remove or dismiss the trustee or a pujari
of any Hindu Public Religious Institution and Charitable Endowment,-
(a) for persistent default in the submission of budgets, accounts,
reports or returns to the Commissioner or any other officer
authorised in this behalf;
(b) for wilful disobedience of any order issued under the provisions
of this Act by the Commissioner or the Government;
(c) for any malfeasance, misfeasance, breach of trust or neglect of
duty in respect of the Hindu Religious Institution and Charitable
Endowment or alienation of any property, in contravention of
this Act;
(d) for any misappropriation of, or improper dealing with, the
properties of the religious institution and endowment of which
he is a trustee or a pujari;
(e) for having been found under the influence of intoxicating liquor
or drugs in the temple; and
(f) for unsoundness of mind or other mental or physical defect or
infirmity which renders him unfit for discharging the functions
of a trustee or a pujari:
Provided that no trustee or pujari shall be removed or dismissed by
the Commissioner under this section unless he has been given reasonable
opportunity of being heard.
(2) A non-hereditary trustee, or a pujari, who is suspended, removed
or dismissed by the Commissioner under sub-section (1), may, within one
month from the date of receipt of the order of suspension, removal or
dismissal, prefer an appeal to such authority and in the manner as may be
prescribed by the Government.
(3) A hereditary trustee or pujari, who is suspended, removed or
dismissed by the Commissioner under sub-section (1), may, within two
months from the date of receipt of the order, prefer an appeal to the Financial
Commissioner.
(4) A hereditary trustee or a pujari so suspended, removed or
dismissed may be allowed such maintenance as may be fixed by the
Commissioner considering the financial condition of the institution.
1. Sub-sections (5) and (6) inserted vide Act No. 14 of 2007.
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
15
20 Disqualifications of trustees and pujaris.- A person shall be
disqualified for being appointed as, and for continuing to be, a trustee or a
pujari as the case may be,-
(a) if he is an undischarged insolvent;
(b) if he is of unsound mind and stands so declared by a competent
court;
(c) if he is interested either directly or indirectly in a subsisting lease
or any property of, or contract made with, or any work being
done for, the institution or endowment or is in arrears of any
dues payable to such institution or endowment;
(d) if he is appearing as a legal practitioner on behalf of or against
the institution or endowment;
(e) if he has been sentenced by a criminal court for an offence
involving moral turpitude, and such sentence has not been
reversed;
(f) if he has acted adversely to the interest of the institution and
endowment;
(g) if he is an addict to intoxicating liquors or drugs;
(h) in case of non-hereditary trustee or a pujari, if he has not
completed twenty one years of age; and
(i) in the case of a Hindu Public Religious Institution, if he ceases
to profess Hindu religion or persuation or to belong to the
religious denomination to which the Hindu Public Religious
Institution and Charitable Endowment pertains.
21. Filling of vacancy in the office of hereditary trustee or pujari.-
(1) When a permanent vacancy occurs in the office of the hereditary trustee
or a pujari, as the case may be, of a Hindu Public Religious Institution and a
Charitable Endowment, the next in the line of succession shall be entitled to
succeed to the office.
(2) When temporary vacancy occurs in such an office by reason of the
suspension of hereditary trustee or pujari, as the case may be, under
sub-section (1) of section 19 or by reason of his ceasing to hold office under
the provisions of section 20, the next in the line of succession shall be
appointed by the Commissioner to discharge the functions of the trustee, or as
the case may be, of the pujari, until his disability ceases.
(3) When a permanent or temporary vacancy occurs in such an office
and there is a dispute relating to the right of succession to the office, or when
such vacancy cannot be filled up immediately or when there is a dispute
relating to the person who is entitled to act as such, the Commissioner may
appoint a fit person to discharge the functions of the trustee, or as the case
may be, of the pujari, of the religious institution and endowment, until the
disability of the hereditary trustee or pujari ceases or another hereditary
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
16
trustee or pujari succeeds to the office or for such shorter term as the
Commissioner may direct.
Explanation.- In making any appointment under this sub-section the
Commissioner shall have due regard to the claims of the members of the
family, if any, entitled to the succession.
CHAPTER VI
BUDGET AND MAINTENANCE OF ACCOUNTS
22. Budget of religious institutions and charitable endowments.-
(1) The trustee of a Hindu Public Religious Institution and Charitable
Endowment, shall before the end of December, in each year, submit to such
authority and in such form and manner as may be prescribed by the
Government, a budget showing the probable receipts and disbursement of the
Hindu Public Religious Institution and Charitable Endowments during the
following financial year.
(2) Every such budget shall make adequate provisions for:-
(a) the scale of expenditure for the time being in force and
customary expenditure;
(b) the due discharge of all liabilities binding on the institution and
endowment;
(c) expenditure on religious, educational and charitable purposes not
inconsistent with the objects of the institution;
(d) for the encouragement and the spread of religious instructions
according to the tenets of the religious institution;
(e) expenditure on the repairs and renovations of the buildings and
preservation and protection of the properties and assets of the
Hindu Public Religious Institution and Charitable Endowment;
and
(f) the amount of expenditure that may be incurred by a trustee
under section 17.
(3) The Commissioner may, on receipt of the budget, make such
alterations, omissions or additions therein as he may deem proper.
(4) Notwithstanding anything contained in any other law for the time
being in force or in any custom, usage or practice to the contrary, the
provisions made for remuneration of any office holder or for any other item of
expenditure in respect of any religious institution and endowment may be
increased, decreased or modified by the Commissioner if such increase,
decrease or modification is considered necessary in view of the financial
condition and the interest of the religious institution and the endowment.
(5) A trustee may, within one month of the date of the receipt by him
of order passed by the Commissioner under sub-section (3) or sub-section (4)
prefer an appeal against such order to the Financial Commissioner.
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
17
1[(6) The annual budget including audit and accounts statement shall
be placed before the Management Committee for its approval.]
23. Accounts.- (1) The trustee of every Hindu Public Religious
Institution and Charitable Endowment shall keep regular accounts of all
receipts and disbursements. Such accounts shall be kept for each calendar year
separately in such form and shall contain such particulars as may be specified
by the Commissioner.
(2) Wherever the Commissioner has reason to belief that,-
(a) the trustee is not keeping regular accounts of all receipts and
disbursements as required under sub-section (1); or
(b) the expenditure in relation to a Hindu Public Religious
Institution and Charitable Endowment is not being incurred in
accordance with budget approved under section 22; or
(c) it has become necessary to ascertain the fiscal position of the
Hindu Public Religious Institution and Charitable Endowment;
the Commissioner may direct the trustee-
(i) to furnish the true and audited accounts of such institution
and endowment, and in relation to such period as may be
specified by the Commissioner; or
(ii) where the accounts are not annually audited to get the
accounts in relation to such period as may be specified by
the Commissioner, audited by a person who is a Chartered
Accountant within the meaning of the Chartered
Accountants Act, 1949 (38 of 1949) or by such other
person as may be authorised in this behalf by the
Government.
(3) Every auditor conducting the audit under subsection (2) shall have
access to the accounts and to all books, vouchers, other documents and
records in possession of, or under the control of, the trustee. The trustee shall
provide to such auditor all facilities for such access.
2[(4) The internal audit of the temple trusts shall be conducted by the
Section Officer (SAS) of the Language and Culture Department.]
CHAPTER VII
OFFENCES AND PENALTIES
24. Penalty for refusal by trustees etc. to comply with the
provisions of this Act.- If any trustee, officer, servant, agent, pujari or any
other person concerned with the administration of the Hindu Public Religious
Institution and Charitable Endowment-
1 Sub-section (6) inserted vide Act No. 14 of 2007.
2 Sub-section (4) inserted vide Act No. 14 of 2007.
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
18
(a) refuses, or wilfully fails to comply with the provisions of this
Act or the orders and directions issued thereunder or obstructs
any proceedings taken under this Act; or
(b) refuses, or wilfully fails to furnish any reports, statements,
accounts or other information called for under this Act; he shall
be punished with fine which may extend to rupees one thousand
or in default with imprisonment for a term which may extend to
one month.
25. Penalty for wrongful withholding of property belonging to the
religious institution and Charitable endowment .- Any person who,-
(a) having in his possession, custody or control any property,
document or books of accounts belonging to any Hindu Public
Religious Institution and Charitable Endowment, the
management of which has been regulated under the provisions
of this Act, wrongfully withholds such property or document or
books of accounts from the Commissioner or any other person
duly authorised by the Government or the Commissioner to
inspect or call for the same;
(b) wrongfully obtains possession of, or retains any property,
documents or books of accounts of such religious institution
and endowment, or wilfully withholds or fails to furnish or
deliver to the Commissioner or any other person authorised by
him in this behalf; or
(c) wrongfully removes, destroys or mutilates property, documents
or books of accounts of such religious institution and charitable
endowment; shall be punished with imprisonment for a term
which may extend to one year, or with fine, or with both.
CHAPTER VIII
MISCELLANEOUS
26. Protection of action taken under this Act.- (1) No officer or
servant of the Government shall be liable in any civil or criminal proceedings
in respect of any act, done or purporting to be done under this Act or under the
rules made thereunder, if the act has been done in good faith and in the course
of execution of the duties imposed or in discharge of the functions assigned by
or under this Act.
(2) No suit or other legal proceedings shall lie against the Government
for any damage caused or likely to be caused or any injury suffered or likely
to be suffered by virtue of any provisions of this Act or by anything done in
good faith or intended to be done in pursuance of this Act or the rules made
thereunder.
27. Power to give directions.- The Government may, from time to
time, give such general or specific directions, in writing, to the Commissioner
for the effective implementation of the provisions of this Act and while so
THE HIMACHAL PRADESH HINDU PUBLIC RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS ACT, 1984
19
doing may rescind, alter or modify any order made by the Commissioner and
the Commissioner shall follow them in the discharge of his duties.
28. Power of State Government to review .- The State GovernExcerpt shown. Open the full act in Lexace.