LexThe Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA CHARITABLE AND HINDU RELIGIOUS
INSTITUTIONS AND ENDOWMENTS ACT, 1987.
(ACT NO. 30 OF 1987)
ARRANGEMENT 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 purposes of this Act.
6. Preparation and publication of list of charitable and
religious institutions 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.
2 [Act No. 30 of 1987]
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 infirmity, vacancy etc.,
28. Suspension, removal or dismissal of trustee.
[Act No. 30 of 1987] 3
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 Sub-ordinate Officers.
33. Constitution of Endowment services for different
officers or classes of officers.
34. Abolition of hereditary rights in Mirasidars, Archakas
and other officer holders and servants.
35. Appointment of office holders and servants, etc.
36. Qualification 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.
4 [Act No. 30 of 1987]
45. Application in regard to entry or omission to make an
entry in the 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
mathadipathi.
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.
[Act No. 30 of 1987] 5
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 Dharmadyam to
pay annual contribution and audit fees.
65-A. Archakas, other office holders and servants’ salary and
other emoluments fund.
66. Assessment of Contribution on the trustee.
67. Liability of institution or endowment to pay costs, etc.,
68. Payment of contribution and 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. Utilization 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
6 [Act No. 30 of 1987]
75. Lease, sale of inams to be void in certain cases.
76. Prohibition of transfer of lands granted for rendering
service to a religion 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 un-authorized sale.
82. Lease of agricultural lands.
CHAPTER-XI
ENCROACHMENTS
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
encroachments as directed by the Endowments
Tribunal.
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 Endowments Tribunal to decide certain
disputes and matters.
88. Right of appeal against the decision of the
Endowments Tribunal under section 87.
89. Compromise how to be made.
[Act No. 30 of 1987] 7
CHAPTER-XIII
APPEALS, REVISION, REVIEW, ETC.,
90. Appeal in certain cases.
91. Revision.
92. Powers 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 to 131. Omitted.
CHAPTER-XV.
MISCELLANEOUS
132. Power of Commissioner to transfer proceedings etc.,
133. Duty of trustees etc., to hand-over 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.
8 [Act No. 30 of 1987]
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. Notification, orders etc., under the Act not to be
questioned in Courts of Law.
151. Bar of Jurisdiction.
152. Constitution of Telangana Dharmika Parishad.
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.
[Act No. 30 of 1987] 9
First Schedule & Second Schedule [Omitted].
Third Schedule.
THE TELANGANA CHARITABLE AND HINDU RELIGIOUS
INSTITUTIONS AND ENDOWMENTS ACT, 1987.1
Act No. 30 of 1987.
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called the 2Telangana Charitable
and Hindu Religious Institutions and Endowments Act,
1987.
(2) It extends to the whole of the State of 2Telangana.
(3) It applies to—
(a) all public ch aritable institutions and endow ments,
whether registered or not, in accordance with the provisions
of this Act, other than Wakf s governed by the provisions of
the Wakf Act, 1954*.
Explanation:— In this clause, the expression ―public
charitable institutions and endowments‖ shall include every
charitable institution or endowment the administration of
which is for the time being vested in any department of
Government, or Civil Court, Zilla Praja Parishad, Municipality
1.The Andhra Pradesh Charitable and Hindu Religious Institutions and
Endowments Act, 1987 received the assent of the President on
15.05.1987. The said Act in force in the combined State, as on
02.06.2014, has been adapted to the State of Telangana, under section
101, of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of
2014) vide. the Notification issued in G.O.Ms.No.37, Revenue
(Endowments-I) Department, dated 01.11.2014.
2. Substituted by G.O.Ms.No.37, Revenue (Endowments -I) Department,
dated 01.11.2014.
* This Act has been repealed by Wakf Act, 1995 (Central Act 43 of
1995).
Short title, extent,
applications and
commencement.
Central Act 29 of 1954.
2 [Act No. 30 of 1987]
or other local authority, or any company, society,
organization, 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 3Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires,-
(1) ‗archaka‘ includes a Pujari, Panda, an Archakatvam
Mirasidar or other person, who pers onally performs or
conducts any archana, puja or other ritual;
4[(1A) ‗Archakas and other employees Welfare Fund ‘
means, the fund created for the welfare of the Archakas and
other employees of the Hindu Religious Institutions and
Endowments in the State of 3Telangana 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 there under
in respect of any charitable or religious institutions or
endowments, as specified in sub-section (5) of section 3;
5[(2a) (2b) [xxx]]
3. Substituted by G.O.Ms.No.37, Revenue (Endowments -I) Department,
dated 01.11.2014.
4. Clause (1A) of section 2 inserted by Act No.33 of 2007.
5. Clauses (2 -a) and (2 -b) inserted by Act No.26 of 1990 subsequently
omitted by G.O.Ms.No.37, Revenue (Endowments -I) Department, dated
01.11.2014.
Definitions.
[Act No. 30 of 1987] 3
(3) Charitable endowments 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, notwithstading that before or after the
commencement of this Act, the charitable institution has
ceased to exist or ceased to be used for any char itable
purpose or the charity has ceased to be performed.
Explanation-II:— Any Inam gra nted 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 6Andhra Pradesh (Andhra
Area) Inams (Abolition and Conversion into Ryotwari) Act,
1956, but shall be deemed to be a charitable endowment;
(4) ‗charitable i nstitution‘ means any establish ment,
undertaking, organization or association formed for a
charitable purpose and includes a specific endow ment and
dharmadayam;
(5) ‗charitable purpose‘ includes,—
(a) relief of poverty or distress;
(b) education;
(c) medical relief;
6. Andhra Area Act.
Act III of 1956.
4 [Act No. 30 of 1987]
(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 there under
in respect of any charitable or religious institut ion or
endowment as specified in sub-section (5) of section 3;
(7) ‗Common Good Fund ‘ means the 7Telangana
Hindu Charitable and Religious Institution and Endowments
Common Good Fu nd, or the 7Telangana Charitable
Institutions and Endowments Common Good Fund as the
case may be, created under sub-section (1) of section 70.
8[(7-a) [xxx]]
(8) ‗Court‘ means,—
(i) in relation to a charitable or religious institution or
endowment situated within the limits of the 9[Greater
Hyderabad Municipal Corporation ], 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 situate or, if there is no such
court, the District Court having Jurisdiction over such area;
7. Substituted by G.O.Ms.No.37, Revenue (Endowments -I) Department,
dated 01.11.2014.
8. Clause (7-a) inserted by Act 26 of 1990 and subsequently omitted by
G.O.Ms.No.37, Revenue (Endowments-I) Department, dated 01.11.2014.
9. Substituted by Act No.13 of 2008.
[Act No. 30 of 1987] 5
(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 o f 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 o f any charitable or religious institution o r
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 betw een
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;
10[(10-A) ‗Dharmika Parishad ‘ means the 11Telangana
Dharmika Parishad consistuted under section 152;]
(11) ‗dittam‘ means the schedule of articles and other
requirements of worship or o ffering 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;
10. Clause (10-A) of section 2 inserted by Act No.33 of 2007.
11. Substituted by G.O.Ms.No.37, Revenue (Endowments-I) Department,
dated 01.11.2014.
6 [Act No. 30 of 1987]
(12) ‗Endowment Administration Fund‘ means the
12Telangana Charitable and Hindu Religious Institutions and
Endowments Administration Fund established under sub -
section (1) of section 69;
13[(12-A) Endowment s Tribunal means Tribunal
constituted under section 162;]
(13) ‗Executive Officer‘ 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 Mirasidar
and an Archaka of a charitable or religious institution or
endowment the succession to whose off ice 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 truste e‘ means the trustee of a
charitable or religious institution or endowment the
succession to whose office devolves according to the rule of
succession laid down by the founder or according to usage
or custom applicable to the institution or endowment or
according to the law of succession for the time being in
force, as the case may be;
(17) ‗math‘ means a hindu religious institution preside d
over by a person, whose principal duty is to engage himself
in the teaching and propagation of Hindu religion and
philosophy of the teaching and philosophy of the
12. Substituted by G.O.Ms.No.37, Revenue (Endowments-I) Department,
dated 01.11.2014.
13. Clause (12-A) of section 2 inserted by Act No.33 of 2007.
[Act No. 30 of 1987] 7
denomination, sector sampradaya to whi ch the math
belongs and in impa rting 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;
14[(17-A) [xxx]]
(18) person having interest‘ includes,—
(a) in the case of a math, a disciple of the math or a
person of the religious persu ation 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 insti tution 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 per son
who is entitled to attend or is in the habit of attending the
performance o f the service or charity or who is entitled to
partake or is in the ha bit of partaking in the benefit of the
charity;
(19) ‗prescribed‘ means prescribed by rules made by
the Government under this Act;
14. Clause (17 -A) of section 2 inserted by Act No.26 of 1990 and
subsequently omitted by G.O.Ms.No.37, Revenue (Endowments -I)
Department, dated 01.11.2014.
8 [Act No. 30 of 1987]
(20) ‗Regional joint Commissioner‘ means the Regional
Joint C ommissioner 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 there under in respect of any charitable or religious
institution or endowment as skilled 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 endowment ‘ 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 there with 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 b e deemed to be a
religious endowment within the meaning of this defination,
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 wanted to an archaka,
service-holder or other employee of a religious Institution for
the performance of any service or charity in connection with
[Act No. 30 of 1987] 9
a religious insti tution 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 15Andhra Pradesh
(Andhra Area) Inams (Abo lition and Conversion into
Ryotwari) Act, 1956 but shall be deemed to be a religious
endowment;
(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 char itable 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 ma naged under a
common scheme settled shall be cons trued as a sing le
specific endowment for the purpose of this Act;
Explanation-II:— Where a specific endowment attached
to a charitable o r religious institution is situ ated 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;
15. Andhra Area Act.
Act III of 1956.
10 [Act No. 30 of 1987]
(26) ‗State‘ means the Stale of 16Telangana;
(27) ‗Temple‘ means a place by whatever designation
known used as a place of public religious wor ship, and
dedicated to, or for the benefit of, or used as of r ight 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 autho rity but
notwithstanding any such declaration, public or a section
thereof has unrestricted access to such pl ace 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 b e a
temple;
17[(28) [xxx]]
(29) ‗trustee‘ means any person whether known as
mathadhipathi, 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 institu tion or endowment are
vested and includes Board of Trustees;
(30) any reference to ‗Hindu‘ shall be construed as
including a reference to a person professing Buddhist, Jain,
16. Substituted by G.O.Ms.No.37, Revenue (Endowments-I) Department,
dated 01.11.2014.
17. Clause (28) of section 2 omitted by G.O.Ms.No.37, Revenue
(Endowments.I) Department, dated 01.11.2014.
[Act No. 30 of 1987] 11
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. (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 a nd performing the functions con ferred 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 officer s 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 remunerati on shall be paid
in the first instance out of the Consolidated Fund of the
Appointments
etc., of
Commissioner,
Additional
Commissioner,
Regional Joint
Commissioner,
Deputy
Commissioner
and Assistant
Commissioner.
12 [Act No. 30 of 1987]
State and subsequently reimbursed from the Endowments
Administration Fund.
(5) The G overnment may direct the Commis sioner,
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 Commissione r or
Assistant Commissioner, as the case may be, by or under
this Act in respect of charitable or religious institutions or
endowments.
4. (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;
(c) who has at least ten years practice as an
Advocate of the High Court of 18Telangana or of the
Supreme Court; or
(d) who ha s been holding the post of Addi tional
Commissioner:
Provided that no person shall be eligible for
appointment as Commissioner unless be has completed the
age of forty-five years.
18. Substituted by G.O.Ms.No.37, Revenue (Endowments-I) Department,
dated 01.11.2014.
Qualifications for
appointment of
Commissioner,
etc.
[Act No. 30 of 1987] 13
19[(2) The qualifications for appointment to the office of
Additional Commissioner, Regional Joint Commissioner,
Deputy Commissioner and Assistant Commissioner shal l be
such as may be prescribed.]
(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 20Telangana, by direct
recruitment; or
(b) who has been holding for not less than three
years the po st 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 21[xxx] by transfer:
Provided that in the case of Deputry 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. 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 divi sion into
19. Sub -section (2) substituted for sub -sections (2), (3) & (4 ) by Act
No.26 of 1990.
20. Substituted by G.O.Ms.No.37, Revenue (Endowment -I) Department,
dated 01.11.2014.
21. Omitted by G.O.Ms.No.37, Revenue (Endowment -I) Department,
dated 01.11.2014.
State to be
divided into
regions, divisions
and sub-divisions
for purposes of
this Act.
14 [Act No. 30 of 1987]
such number of sub -divisions he may deem fit. Each region
shall be in the charge of a Regional Joint Commissioner,
each division shall be in the charge of a Deputy
Commissioner and each 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 of an Assistant Commissioner for more sub -divisions
than one.
6. The Commissioner shall prepare separately and
publish in the prescribed manner, a list of,—
(a) (i) the charitable institutions and endowments;
(ii) the religious institutions and endowments other
than maths;
whose annual income as calculated for the purpose of
income levy of contribution under section 65 22[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 22[exceeds
rupees two lakhs but does not exceed rupees twenty five
lakhs;]
(c) (i) the charitable institutions and endowments; or
22. Substituted by Act No.33 of 2007.
Preparation and
publication of list
of charitable and
religious
institutions on the
basis of income.
[Act No. 30 of 1987] 15
(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 s uch institution or endow ment calculated
as aforesaid exceeds or falls b elow the limits specified in
clause (a) or clause (b) or clause (c) for three consecutive
years.
7. The Commissioner shall be a corporate sole and shall
have perceptual succession and common seal and may sue
or be sued in his corporate name.
8. (1) Subject to the other provisions of this Act, the
administration of all charitable and Hindu religious
institutions and endowments shall be under the ge neral
superintendence and control of the Commissioner and
such, superintendence and control shall include the power
to pass any order which may be deemed neces sary 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 un der 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.
Commissioner to
be corporate sole.
Powers and
functions of
Commissioner
and Additional
Commissioner.
16 [Act No. 30 of 1987]
(3) The powers and functions of the Additional
Commissioner shall be such as may be de termined 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
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 endowm ent or any class or
group of institutions or endowments in the S tate, 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 t he
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 Assis tant Commissioner subjec t to such
restrictions and control as the Government may, by general
or special order, lay down and subject als o 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 a ny 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
[Act No. 30 of 1987] 17
in the order and he may himself exercise any power or
perform the functions so excepted.
9. 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 re spect of institutions and endow ments
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. 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:
Provided that where a specific endowment is situated
in two or more divisio ns, 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. Every Assistant Com missioner 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 Commissioner shall have
Powers and
functions of
Regional Joint
Commissioner.
Powers and
functions of
Deputy
Commissioner.
Powers and
functions of
Assistant
Commissioner.
18 [Act No. 30 of 1987]
jurisdiction to exercise the powers, or perform the functions
in respect of such endowment.
12. (1) The Commissioner, the Additional Commissioner a
Regional Joint Commissioner, a Deputy Commissioner or
an Assistant Commissioner having jurisdiction or any other
person authorized 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 movable and immovable 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 pr ovisions of
this Act and the rules made there under are duly carried out:
Provided that in th e case of any religious institu tion or
endowment or place of worship, the person so inspecting or
authorized 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 ma king 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 authorized by such
Powers of
Commissioner
etc., to enter and
inspect
institutions and
endowments.
[Act No. 30 of 1987] 19
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 himse lf, unless he is a
person authorized by such custom or usage in that behalf
but may authorize any archaka or other person authorized
by such custom or usage to make the entry for the purpose
of this section.
13. (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 trus tees, archakas and other office
holders, servants and employees and for the persons
visiting, worshipping at or resorting 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 of
prepared shall be liable to be evicted from the premises of
the institution or endowment.
Commissioner
etc., to observe
appropriate forms,
usages and
practices.
20 [Act No. 30 of 1987]
CHAPTER-III.
ADMINISTRATION AND MANAGEMENT OF CHARITABLE
AND HINDU RELIGIOUS
INSTITUTIONS AND ENDOWMENTS.
14. All properties belonging to or given or endowed to a
Charitable or religions institution or endowment shall, vest in
the charitable or religious institution or endowment, as the
case may be.
23[15. In respect of a Charitable or Religious Institution or
Endowment:-
(1) Included in the list published under clause (a) of
section 6, where the income for the institution exceeds
Rupees one crore per annum, the Government shall
constitute a Board of Trustees consisting of 24[fourteen]
persons appointed by them; where the income of the
institution is between Rs. 25 lakhs to Rupees one crore per
annum, the Dharm ika Parishad shall constitute a Board of
Trustees consisting of 24[fourteen] persons.
(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 of 24[Seven]
persons 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 of
24[five] persons 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
23. Substituted by Act No.33 of 2007.
24. Substituted by Act No.15 of 2016.
Vesting of all
properties in the
institution or
endowment.
Appointment of
Board of Trustees
[Act No. 30 of 1987] 21
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:
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 T rustees till a new B oard 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:
Provided also that one of the members of the Board of
Trustees shall be a prominent donor with a long, track
record of Philanthropy and support to Hindu Religious
Institutions.]
16. Notwithstanding any compromise or agreement
entered into or scheme framed, or judgement, 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 mutawali or
Abolition of
hereditary
trustees.
22 [Act No. 30 of 1987]
dharmakarta or m untazim or by whatever name it is called
shall stand abolished on such commencement.
17. (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 ofExcerpt shown. Open the full act in Lexace.