Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments (Amendment) Act, 20021
| [Andhra Pradesh Act No. 27 of 2002] | [21st December, 2002] |
An Act Further to Amend the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty third Year of the Republic of India as follows:-
1 The following Act of the Andhra Pradesh Legislative Assembly received the assent of the Governor on the 21st December, 2002 and the said assent is hereby first published on the 23rd December, 2002 in the Andhra Pradesh Gazette for general information
STATEMENT OF OBJECTS AND REASONS
The Supreme Court of India in its judgment in W.Ps. filed by some of the hereditary trustees, hereditary archakas, mirasidars, upheld the provisions laid down in sections 15, 16, 17, 29(5), 34, 35, 39 and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, subject to the rider that either the founder or any or his family member should head the Board of Trustees appointed to the Institutions and Endowments under the provisions of the said Act. In pursuance of the said Judgement, it has been proposed to bring in necessary amendments to sections 17, 19, 20, and 87 of the said Act. Further, it is also decided that any person who founded temples by collecting donations partly or fully from the public as well as those who founded them on public lands shall not be recognised as a founder trustees by any means.
Section 82 of the said Act, 1987 deals with the cancellation of lease of lands held by a person who is not a landless person. When this section has been challenged in the High Court, the same was set aside. Subsequently, the supreme Court in (2001 (4) DT (SC) 406) held that the object of the Act is to resume lands from the hands of the exising tenants for better management. It has also been held that the charitable or religious or endowments fall into a separate category and forms class by themselves. If that is so, tenants coining under idem also from separate class. Therefore, they can be treated differently from others, while holding so, the supreme Court has observed that it is a matter of policy the Legislature as to whether all provisions of the Tenancy Acts should be exempted in its application to the charitable or religious institutions or endowments in its entirely. According to the ??? to sub-section (2) of section 82 of the said Act, a person who fails to purchase the land in accordance with this sub-section or is unwilling to purchase the land, the lease shall be deemed to have been terminated. It is felt that all small and marginal tenant farmers may not be in a position to purchase the land in their possession and they continue as tenant, if they agree to pay at least ⅔rd (tow thirds) of the market rent as lease amount. Further, it is felt that the definition of the small and marginal farmers be revised as one whose total extent of land held by him either as owner or as cullivating tenant or as both does not exceed 1.01175 hectares (two and half acres) of wet land or 2.023430 hectares (five acres) of dry and whose monthly income other than from such land does not exceed one thousand rupees per mensum or twelve thousand rupees per annum as against existing three thousand rupees per annum. It is also decided that those of the tenants who one residential property exceeding 200 (two hundre) Sq. Yards in Urban Area shall not be considered as landless poor for the purpose of purchase ??? endowments property.
The Division Bench of the High Court of Andhra Pradesh in its order dated: 31-12-1997 in W.P. No. 10990/96 held that for private property including patta lands there can not be any restrictions of obtaining specific permission from the Tirumala Tirupathi Devasthanams before entering into leases or sub-leases. To overcome the above said difficulty and to protect the sanctity and to provide more amenities to the pilgrims of Tirumala it has been decided to amend sections 75 and 123 of the said Act so as to obtain prior permission of the Executive officer. Tirumala Tirupathi Devasthanams for leasing and sub-leasing the private lands without mentioning the period of lease.
According to section 107(3) of the said Act a person to be appointed to the post of Special Grade Deputy Executive officer, borne on the establishments of Tirumala Tirupathi Devasthanams must have completed not less than five years of service in the cadre of Deputy Executive Officer, Due to the said statutory provision all the posts of Special Grade Deputy Executive Officers could not be filled up even though the posts are vanant for want of eliible candidaes. To overcome the aforesaid hardship it has been decided to reduce the period of qualifying service from 5 (five) years to 3 (three) years for promotion of the Deputy Executive Officer to the next higher cadre of Special Grade Deputy Executive Officer which is in tune with the rules of State Government.
To achieve the above objects in view, the Government have decided to amend sections 17, 19, 20, 75, 82, 87, 107 and 123 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, suitably.
As the Legislative Assembly of the State was not then in session having been prorogued, and it has been decided to give effect to the above decisions immediately, the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments (Amendment) ordinance, 2002 was promulgated by the Governor on the 24th August, 2002.
This Bill seeks to replace the said Ordinance.
1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments (Amendment) Act, 2002.
(2) It shall be deemed to have come into force on the 26th August, 2002.
2. Amendment of section 17.- 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 17, in sub-section (1), for the proviso, the following shall be substituted, namely:-
"Provided that the founder or one of the members of the family of the founder, if qualified as prescribed shall be appointed as one of the Trustees.
Explanation-I. ‘Founder’ means a person who has founded an Institution or Endowment and recognised as such by the authority competent to appoint Trustees under section 15.
Explanation-II. ‘Member of the family of the founder’ means children, grand children and so in agnatic line of succession for the time being in force and declared or recognised as such by the relevant appointing authority.
Explanation-III. Those Persons who founded temples by collecting donations partly or fully from the public as well as those who founded them on public lands shall not be rceongnised as founder trustees by any means."
3. Amendment of section 19.- In section 19 of the principal Act, in sub-section (1), to clause (k), the following proviso shall be added, namely:-
"Provided that nothing in this clause shall apply to the founder or a member of the family of the founder who has been appointed as Trustee."
4. Amendment of section 20.- For section 20 of the principal Act, the following shall be substituted, namely:-
20. "Chairman of the Board of Trustees.-(1)(a) In the case of Charitable and Religious Institution or endowment for which a Board of Trustees is constituted under section 15, the members of the Board of Trustees shall, within such period not exceeding sixty days and in such manner as may be prescribed, elect from amongst themselves, a Chairman; and if no Chairman is so elected within the prescribed period the Government in the case of a Board of Trustees constituted under clause (a) of sub-section (1) of section 15 and the commissioner in the case of any other Board of Trustees shall nominate one of the members as Chairman.
(b) Where the founder or a member of the family of the founder is appointed as Trustee, he shall be the Chairman of the Board of Trustees.
(2) A Chairman elected or nominated under clause (a) of sub-section (1) or who becomes a Chairman under clause (b) shall hold office so long as he continues to be the member of the Board of Trustees."
5. Amendment of section 75.- In section 75 of the principal Act in sub-section (1), the words "for a term exceeding six years" shall be omitted.
6. Amendment of section 82.- In section 82 of the principal Act,-
(i) in sub-section (2), for the proviso and the Explanation thereof, the following shall be substituted, namely:-
"Provided that if such small and marginal farmers who are not able to purchase the land will continue as tenants provided, if they agree to pay at least two third of the market rent for similarly placed lands as lease amount.
Explanation:- For the purpose of this sub-section ‘landless poor person’ means a person whose total extent of land held by him either as owner or as cultivating tenant or as both does not exceed 1.011715 hectares (two and half acres) of wet land or 2.023430 hectares (five acres) of dry land and whose monthly income oilier than from such lands does not exceed thousand rupees per mensum or twelve thousand rupees per annum. However, those of the tenants who own residential property exceeding two hundred square yards in Urban Area shall not be considered as landless poor for the purpose of purchase of endowments property."
(ii) after sub-section (4), the following shall be added, namely:-
"(5) The provisions of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (Act XVII of 1956) and the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (Act XXI of 1950) shall not apply to any lease of land belonging to or given or endwed for the purpose of any charitable or religious institutions or endowment as defined in this Act."
7. Amendment of section 87.- In section 87 of the principal Act, in sub-section (1) after clause (g), the following shall be added, namely:-
"(h) whether a person is a founder or a member from
8. Amendment of section 107.- In section 107 of the principal Act, in sub-section (3), for the words "five years", the words "three years", shall be substituted.
9. Amendment of section 123.- For section 123 of the principal Act, the following shall be substituted, namely:-
123. "Right of pre-emption.- No person owning properties on Tirumala Hills shall, without the prior permission of the Executive Officer of the Tirumala Tirupathi Devasthanams alienate the same by way of sale, exchange, mortgage or lease. If he intends to so alienate he shall apply to the Executive Officer for permission with full details of the transaction and the parties involved. The Tirumala Tirupathi Devasthanams shall have a right of pre-emption. If Tirumala Tirupathi Devasthanams desires to exercise this right on the terms indicted by the applicant, being those offered to the third party, the applicant shall enter into the necessary contract with Tirumala Tirupathi Devasthanams."
10. Repeal of Ordinance 7 of 2002.- The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments (Amendment) Ordinance, 2002 is hereby repealed.