Andhra pradesh act 026 of 1990 : Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments (Amendment) Act, 1990

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments (Amendment) Act, 1990.

(2) It Shall come into force on such date as the Government nay, by notification in the Andhra Pradesh Gazaette notify.

Section 2. Amendment of Section 2

2. Amendment of Section 2.- In the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) (hereinafter referred to as the principal Act) in section 2,-

(1) after clause (2), the following clauses shall be inserted, namely:-

"(2-a) "Board" means the Tirumala Tirupathi Devasthanaras Board constituted by the Government under section 96;

(2-b) "Chairman" means the Chairman, of the Board or the Committee of Management of Tirumala Tirupathi Devasthanams appointed under section 96";

(ii) After clause (7) the following clause shall be inserted namely:-

"(7-a) "Committee" means the Tirumala Tirupathi Devasthanams Management Committee appointed by the Government under section 97A, for the administration of the Tirumaia Tirupathi Devasthanams;"

(iii) after clause 17, the following clause shall be inserted, namely;-

"(17-a) "member" means the member of the Board or Committee;".

Section 3. Amendment of Section 4

3. Amendment of Section 4.- In section A of the principal Act, for sub-sections (2), (3) and (4), the following shall be substituted, namely:-

"(2) The qualifications for appointment to the office of Additional Commissioner. Regional Joint Commissioner Deputy Commissioner and Assistant Commissioner snail be such as may be prescribed."

Section 4. Amendment of Section 15

4. Amendment of Section 15.- In Section 15 of the Principal Act,-

(1) in sub-section (1),-

(i) in clause (a) for the words "Seven persons" the words "nine persons" shall be substituted,

(ii) in clause (b) for the words "Five persons" the words "seven persons" Shall be substituted.

(2) in sub-section (2), for the words "seven persons" the words "seven persons" shall be substituted;

(3) in sub-section (3), for the words "three, persona", the words "five person" shall be substituted;

Section 5. Amendment of Section 17

5. Amendment of Section 17.- In Section 17 or the principal Act,-

(1) in sub-section (2) for the words "three years" in the two places where they ??? the words two years shall be ???;

(2) for sub-section (5), the following sub-section shall be substituted, namely;-

"(5) In every Board of Trustees, there shall be atleast one ??? member and one member belonging to the Scheduled Castes or the Scheduled Tribes whose population is larger in the concerned village and one member belonging to Backward Classes:

Provided that it shall not be necessary to appoint-

(a) a woman member where any person-appointed to represent the Scheduled Castes or the Scheduled Tribes or the Backward Classes is a woman;

(b) a member of the Scheduled Castes or the Scheduled Tribes where any woman member appointed belongs to the Scheduled Castes or the Scheduled Tribes;

(c) a member of the Backward Classes where any woman member appointed belongs to the Backward Classes".

Section 6. Amendment of Section 19

6. Amendment of Section 19.- In Section 19 of the Principal Act, in sub-section (1) in clause (i) for the words "thirty years", the words "eighteen years" shall be substituted.

Section 7. Amendment of Section 29

7. Amendment of Section 29.- In section 29 of the principal Act,

(i) In sub-section (3) for the words "constitute such grades of Executive Officers", the words "Constitute such grade of Executive Officers, prescribing their appointing authorities" shall be substituted;

(ii) after the proviso, the following further proviso shall be added, namely:-

"provided further that, it shall be competent for the Government to appoint a Regional Joint Commissioner, a Deputy Commissioner or an Assistant Commissioner as an Executive Officer".

Section 8. Amendment of section 70

8. Amendment of section 70.- In section 70 of the principal Act, in sub-section (1) in clause (b), after item (ii) and before the proviso, the following item shall be inserted, namely:-

"(iii) construction of new temples and Kalyanamandapams".

Section 9. Amendment of section 96

9. Amendment of section 96.- For Section 96 of the principal Act, the following shall be substituted, namely:-

96. Constitution of Board.- (1) There shall be a Board Constituted by the Government for the Tirumala Tirupathi Devasthanams called "The Tirumala Tirupathi Devasthanams Board" consisting of not more than thirteen members, including the Chairman to be appointed by the Government, of whom:-

(i) the Commissioner shall be a member ex-officio;

(ii) the Executive Officer, shall be the Member Secretary, Ex-Officio;

(iii) three shall be members of the State Legislature;

(iv) one shall be a person belonging to the Scheduled Castes;

(v) one shall be a woman.

Provided that it shall not be obligatory to appoint:-

(a) a person to represent category (iv), where any of the persons appointed under category (iii) or category (v) belongs to the Scheduled Castes;

(b) a person to represent category (v) where any one of the persons appointed under category (iii) or category (iv) is a woman;

Provided further that a member representing category (iii) shall cease to hold office as soon as he ceases to be a member of the State Legislature.

(2) The persons appointed as members under sub-section (1) shall be persons professing Hindu religion.

Explanation:- In this section, the expression "Scheduled Castes" shall have the meaning assigned to it in clause (24) of article 366 of the Constitution of India".

Section 10. Substitution of new sections for 97

10. Substitution of new sections for 97.- For section 97 of the principal Act, the following shall be substituted, namely:-

97. "Power and functions of the Board.- The Board shall in addition to the powers conferred and functions entrusted to it by this Act, exercise such other powers and perform such other functions as may be prescribed in regard to matters of policy and general superintendence and review in relation to the administration of Tirumala Tirupathi Devasthanams having due regard to public interest and the services and amenities to be provided to and welfare and safety measures to be undertaken for, the pilgrims, devotees and worshippers resorting to Tirumala-Tirupathi Devasthanams.

97.A. Constitution of committee.- (1) There shall be a Committee constituted by the Government for Tirumala Tirupathi Devasthanams called the "Tirumala Tirupathi Devasthanams Management Committee" which shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and shall sue and be sued by the said corporate name.

(2) The Committee shall consists of the following members, namely:-

(i) the Chairman of the Board, who shall be ex-officio Chairman of the Committee;

(ii) the Commissioner, who shall be a member ex-officio;

(iii) the Executive Officer, who shall be the ex-officio Member-Secretary of the Committee;

(iv) five other members of the Board to be nominated by the Government due of whom shall be a member of the State Legislature:

Provided that five of the ten non-official members of the Board shall be nominated under this item for the first year and the other five members shall be nominated for the second year.

97.B. Powers and functions of Committee.- Subject to the provisions of this Act and the rules made thereunder:-

(i) the administration of the Tirumala-Tirupathi Devasthanams shall vest in the Committee and the Committee shall, for this purpose, in addition to the powers conferred and functions entrusted to it by this Act exercise such powers and perform such functions as may be prescribed;

(ii) the Committee shall manage the properties and affairs of the Tirumala-Tirupathi Devasthanams and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its custom and usage;

(iii) The Committee shall have power to fix fees for the performance of archana, or any service or ritual or Utsavam or ceremony connected with the Tirumala-Tirupathi Devasthanams;

(iv) The committee shall have power to call for such formation and accounts as may in its opinion be necessary for reasonably satisfying itself that the Tirumala-Tirupathi Devasthanams are properly maintained, the endowments thereof are properly administered, and their funds are duly appropriated to the purposes for which they were founded or exist; and the Executive Officer or other officers in possession of such information or accounts shall, on such requisition furnish such information and accounts to the Committee;

(v) The Committee shall exercise the general superintendence and control over the administration of the Tirumala-Tirupathi Devasthanams in conformity with the policy laid down by the Board;

(vi) the committee shall fix the dittom in the temples specified in the first Schedule and the endowments attached thereto and the amounts to be spent therefor in such manner and after following such procedure as may be prescribed;

(vii) the Committee may, subject to such conditions and restrictions as it may lay down delegate to the Executive Officer such of the powers conferred on it by or under this Act, as it may consider necessary."

Section 11. Amendment of section 98

11. Amendment of section 98.- In section 98 of the principal Act,

(i) for the words "members of the Board of Trustees", the words "members of the Board or Committee" shall be substituted;

(ii) in the marginal heading for the words "Board of Trustees", the words "Board or Committee" shall be substituted.

Section 12. Substitution of new section for section 98

12. Substitution of new section for section 98.- For section 99 of the principal Act, the following shall be substituted, namely:-

99. Term of office of Chairman and Members of the Board or Committee.- The Chairman and any other member of the Board or Committee other than ex-officio members shall hold office for a period of two years from the, date of appointment by the Government."

Section 13. Amendment of section 102

13. Amendment of section 102.- In section 102 of the principal Act,

(i) in sub-section (1) for the words "Board of Trustees", the words "Board or Committee" as the case may be shall be substituted.

(ii) for sub-section (2), the following shall be substituted:-

"(2) Where a person is the Chairman or, a Member of the Board or the Committee such person shall cease to be such Chairman or Member if he ceases to be the Chairman or the Member of the Board or Committee as the case may be.".

Section 14. Amendment of section 105

14. Amendment of section 105.- In section 105 of the principal Act,-

(i) in sub-section (1) for the words "Board of Trustees" wherever they occur, the words "Board or Committee" shall be substituted.

(2) In sub-section (2) for the words "Ex-officio member-Secretary of the Board of Trustees", the words "Ex-officio member-Secretary of the Board or Committee" and for the words "Board of Trustees", the words "Board or Committee" shall respectively be substituted.

(3) in sub-sections (3), (4) and (5) for the words "Board of Trustees" wherever they occur, the words "Board or Committee" shall substituted.

(4) In the marginal heading for the words "Board of Trustees", the words "Board or Committee" shall be substituted.

Section 15. Amendment of section 106

15. Amendment of section 106.- In section 106 of the principal Act, in sub-section (4) for the words the "Beard of Trustees" the word "Committee" snail be substituted.

Section 16. Amendment of Section 109

16. Amendment of Section 109.- In section 109 of the principal Act, in sub-section (1) in clause (a), for the words "Board of Trustees", the word "Committee" shall be substituted.

Section 17. Amendment of Section 110

17. Amendment of Section 110.- In section 110 of the principal Act, for the words, "Board of Trustees", the word "Committee" shall be substituted.

Section 18. Amendment of Section 111

18. Amendment of Section 111.- In section 111 of the principal Act,-

(i) in sub-section (2), for the words "Board of Trustees", the word "Committee" shall be substituted;

(ii) in sub-section (5), the words "and Sri Padmavathi Mahila Viswa Vidhyalayam" shall be added at the end;

(iii) after sub-section (5), the fallowing sub-section shall be added, namely:-

"(6) The Committee may, with the prior approval of the Government, utilise its surplus funds after providing for all the objects, namely, requirements or improvements of the Tirumaia-Tirupathi Devasthanams and after making adequate provision for all the purposes for which such funds shall be lawfully spent for such charitable or religious purposes, as may be prescribed."

Section 19. Amendment of Section 112

19. Amendment of Section 112.- In section 112 of the principal Act, in sub-section (1) and (4), for the words "Board of Trustees", the word "Committee" shall be substituted.

Section 20. Amendment of section 113

20. Amendment of section 113.- in section 113 of the principal Act, in sub-section (1), for the words "Board of Trustees", the word "Committee" shall be substituted.

Section 21. Amendment of Section 115

21. Amendment of Section 115.- In section 115 of the principal Act, in sub-section (1), for the words "Board of Trustees", the word "Committee" snail be substituted.

Section 22. Amendment of Section 116

22. Section Amendment of Section 116.- In section 116 of the principal Act,-

(i) for sub-section (1), the fallowing shall be substituted, namely:-

"(1) The Executive Officer shall, in each Financial year, (hereinafter referred to as the said year.) not later than the 15th January of the said year, frame and place before the Committee, the Budget showing the probable receipts and expenditure during the following financial year, and the Committee shall, within fifteen days of the date on which the budget is placed before, it, place it before the Board at a special meeting convened for the purpose for its approval, and the Board shall approve the same, with or without modifications, at such meeting and forward sufficient number of copies of such budget to the Government before the end of February of the said year.";

(ii) in sub-sections (3), (4) and (5), for the words "Board of Trustees" wherever they occur, the word "Committee", shall be substituted;

(iii) in sub-section (6) for clause (b), the following shall be substituted, namely:-

"(b) The budget shall also make provision for the payment of an amount of five percentum of the balance referred to in the proviso to item (iv) of clause (a) or rupees one crore twenty five lakhs whichever is higher to the Common Good Fund created, under section 70.".

Section 23. Amendment of section 120

23. Amendment of section 120.- In section 120 of the principal Act, for the words "Board of Trustees" wherever they occur, the word "Committee" shall he substituted.

Section 24. Amendment of section 121

24. Amendment of section 121.- In section 121 of the principal Act, for the word's "Board of Trustees", the words "Board or Committee" shall be substituted.

Section 25. Amendment of section 124

25. Amendment of section 124.- In section 124 of the principal Act, for the words, "Board of Trustees.", the words "Board or Committee" shall be substituted.

Section 26. Substitution of new section for section 125

26. Substitution of new section for section 125.- For section 125 of the principal Act, the Following shall be substituted, namely:-

125. "Administration Report.- Within three months after the close of each financial year, the committee shall submit to the Board a report on the administration of the affairs of the Tirumala-Tirupathi Devasthanams, during that year in such form as the Government may determine. The Board shall review the report and submit a copy of the same to the Government with its remarks thereon."

Section 27. Amendment of section 126

27. Amendment of section 126.- In section 126 of the principal, Act,-

(i) in sub-section (1), for the words "Board of Trustees", the words "Board or Committee" shall be substituted;

(ii) for sub-section (2), the following shall be substituted, namely:-

"(2) The Quorum for a meeting-

(a) of the Board shall be five of which one shall be the Chairman, or the Commissioner.

(b) of the Committee shall be two of which one shall be the Chairman or the Commissioner";

(iii) in sub-section (3), for the words "Board of Trustees", the words "Board or Committee", shall, be substituted;

(iv) for sub-section (4), ??? following shall be substituted, namely:-

"(4) the Board shall meet once in every three months.";

(v) in the marginal heading, for the words "Board of Trustees", the words "Board or Committee" shall be substituted.

Section 28. Amendment of section 127

28. Amendment of section 127.- In section 127 of the principal Act,-

(i) for the words "Board of Trustees", the words "Board pr Committee" shall be substituted;

(ii) in marginal heading, for the words "Board of Trustees", the words; "Board or Committee" shall be substituted.

Section 29. Amendment of section 128

29. Amendment of section 128.- In section 128 of the principal Act, for the word,-

(i) "Board of Trustees", wherever they occur, the words "Committee" shall be substituted;

(ii) in marginal heading, for the words "Board of Trustees", the word "Committee" shall be substituted.

Section 30. Amendment of section 130

30. Amendment of section 130.- In section 130 of the principal Act, for the words "Board of Trustees", the word "Committee" shall be substituted.

Section 31. Amendment of section 131

31. Amendment of section 131.- In section 131 of the principal Act, for sub-section (2), the following shall be substituted, namely:-

"(2) The Government shall cause an annual inspection of the Tirumala Tirupathi Devasthanams by such officer above the rank of the Executive Officer as they may nominate."

Section 32. Transitional provision

32. Transitional provision.- Notwithstanding anything contained in the principal Act, every member Including Chairman of the Board of Trustees whether constituted under section 15 or section 96 of the principal Act holding office at the commencement of this Act and who completed the term of office of two years from the date of taking oath of office and secrecy, shall cease to hold office on such commencement and every such Board which completed a period of two years of term of office as aforesaid after such commencement shall cease to hold office on such completion and it shall be lawful for the Government, Commissioner, Deputy Commissioner or Assistant Commissioner, as the case may be, to constitute a new Board of Trustees in accordance with the principal Act as amended by this Act on such cessation.