Tamil nadu act 002 of 1923 : Prince of Arcot Endowments Act, 1922

Preamble

Prince of Arcot Endowments Act, 1922*

1[Tamil Nadu Act No. 2 of 1923]2[30th January, 1923]

An Act to provide for the better management of the charitable and religious endowments under the control of the Prince of Arcot in the 3[State of Tamil Nadu]

Whereas it is expedient to provide for the better management of the charitable and religious endowment under the control of the Prince of Arcot within the 4[State of Tamil Nadu], and whereas the previous sanction of the Governor-General has been obtained under sub-section (3) of section 80-A of the Government of India Act to the making of the law, it is hereby enacted as follows:-

1. These words were substituted for the words "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969 which came into force on the 14th January, 1969.

2. For Statement of Objects and reasons, see Fort St. Gearge Gazette Part IV, dated the 5th July, 1921, page 1487.

3. Under section 69(2) of the Wakf Act, 1954 (Central Act 29 of 1954), if, immediately before the commencement of that Act in any State, there is in force in that State any law which corresponds to that Act that corresponding law shall stand repeated.

4. This expression was substituted for the expression "Presidency of Madras" by the Tamil Nadu Adaptation of Law Order, 1970, which was deemed to have come into force on the 14th January, 1969.

* Received the assent of the Governor on the 23rd December, 1922 and that of the Governor-General on the 17th January, 1923; the assent of the Governor-General was first published in the Fort St. George Gazette of the 30th January, 1923

Section 1. Short title

1. Short title.- This Act may be called the Prince of Arcot Endowments Act, 1922

Section 2. Endowments and institutions where specified

2. Endowments and institutions where specified.- This Act applies to the charitable and religious endowments specified in Schedule A and to the religious invitations and monuments specified in Schedule B annexed to this Act.

Section 3. Administration of charitable and religious endowments

3. Administration of charitable and religious endowments.- The charitable and religious endowments specified in Schedule ‘A’ shall be administered by the. Prince of Arcot for the time being so far as the endowments and institutions in the district of Trichinopoly are concerned in accordance with the rules contained in Schedule. *C’ hereto or any modification thereof under section 4 of the Act and as regards all other endowments and institutions in accordance with such rules as may from time to time be made by the 1[State Government].

1. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

Section 4. Amendment of rules in Schedule 'C'

4. Amendment of rules in Schedule ‘C’.- The rules in Schedule ‘C’ except rules (1), (2), (3) and (11) may be added to or altered by the 1[State Government] after consultation with the Prince and the committee, if any, appointed under the rules.

1. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

Section 4-A. Publication of draft rules

4-A. Publication of draft rules.- At least sixty days before making any rules in modification of the rules in Schedule ‘C’ or for the administration of the endowments specified in Schedule ‘B’ the 1[State Government] shall publish] draft of the proposed rules in the 2[Official Gazette], and any person may, during the said period, make any objection or suggestion to the 1[State Government] who shall take the same into consideration before finally making the rules. The rules may be made by the 1[State Government] either as originally drawn or as amended and shall come into operation forthwith or at such time as may be prescribed in the rules.

1. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

2. These words were substituted for the words "Fort St. George Gazette" by the Adaptation Order of 1937.

Section 5. Suits

5. Suits.- No suit claiming any of the reliefs specified in Suits, the Religious Endowments Act XX of 1863, or in sub-section (1) of section 92 of the Code of Civil Procedure, 1908, (Central Acts XX of 1863, V of 1908) shall be instituted or maintained or continued in respect of the aforesaid charitable and religious trusts.

Schedule A

Schedule A

SCHEDULE A

List of Properties constituting the Charitable and Religious Endowments under the control of the Prince of Arcot

ENDOWMENTS IN THE TRICHTNOPOLY DISTRICT

(i) Entire Villages

1. Paganur in Trichinopoly taluk.

2. Pettyanayaki Chatram, otherwise known as Chattarapatti in Trichinopoly taluk.

3. Sembangulara, a hamlet of Kuttappar village in Trichinopoly taluk.

4. Komagudi in Lalgudi taluk.

5. Sittanattamin Kulittalai taluk.

6. Manameduin Musiri taluk.

(ii) Lands in Government Villages

1. Lands in the village of Devadanam, otherwise known an Kairabad, in the Trichinopoly taluk, comprising the following Revenue Survej numbers-:

Inside the Municipality

Survey number. Subdivision. Wet or dry. Single or double crop. Extent.
53 I-A W 2 7.90
C W 2 1.16
59 1 W 2 1.31
60 A W 2 1.68
62 A W 2 1.52
70 A W 2 0.78
C W 2 0.71
76 .. W 2 1.40
79 A W 2 2.08
82 .. W 2 0.70
85 .. W 2 0.71
88 A W 2 2.76
C W 2 15.42
93 1-A W 2 8.99
1-C W 1 3.34
93 1-D W 2 0.73
F W 2 2.33
126 A W 2 1.25
Total .. 54.77
104 .. D .. 1.15
131 .. D .. 0.28
Total .. 1.43
Grand total.. 56.20

Outside the Municipality

Survey number. Subdivision. Wet or dry. Single or double crop. Extent.
ACS.
7 2 W 2 0.73
39 1 W 2 11.63
4 W 2 1.60
5 W 2 8.84
43 1 W 2 7.47
46 .. W 2 21.86
48 W 2 1.61
Total .. 53.74
Grand total … 109.94

2. In Alundur village, Trichinopoly taluk-

Survey number. Subdivision. Wet or dry. Single or double crop. Extent.
ACS.
343 5 W 1 0.30
401 .. W 1 7.75
Total .. 8.05
165 .. D .. 4.60
179 D 2.15
292 .. D .. 1.67
294 .. D 12.90
301 .. D .. 2.25
Total .. 23.57
Grand total .. 31.62

3. In Murungapettai, Trichinopoly taluk- hamlet of Muttarasanallur village, Trichinopoly taluk-

Survey number. Subdivision. Wet or dry. Single or double crop. Extent.
ACS.
159 1 G.W. .. 0.36
158 2 W .. 1.25
Total .. 1.61
210 2 D .. 0.38
205 3 D 0.45
158 1 D .. 2.70
Total .. 3.53
Grand total .. 5.14

(iii) Shops, House-sites, etc., belonging to the Muhammudy Mosque

Block No. 1 of Ward VI

1. Shops and buildings bearing T.S. Nos. 97 to 137 and Big Chowk T.S. No. 138, bounded on the-

North-by Maligai street (T.S. No. 65).

East-by Small Chowk lane (T.S. No. 96 and T.S. Nos. 143, 140 and 139).

South-by Kiladar street; Chowk road (T.S. No. 953).

West-by Big Bazaar road (T.S. No. 51).

(i) The Muhammudy Mosque also is situated in T.S. No. 97 and is surrounded by the shops and houses described above.

(ii) The lane in T.S. No. 96 is the property of the endowment subject to the public right of way over it.

2. Small Chowk bearing T.S. Nos. 95 and 145, bounded on the-

North-by Maligai lane T.S. No. 93 and house T.S. No. 94.

East-by Arabi tank lane T.S. No. 146 and house T.S. No. 94,

South -by T.S. No. 96 lane.

West-by T.S. No. 96 lane.

Note- Vide note (ii) to item I above.

3. Stone Mantapam bearing T.S. No. 63 and bounded on the-

North-by T.S. Nos, 60, 61 and 62.

East-by T.S. No. 48.

South-by T.S. Nos. 65 Maligai street and 64.

West-by Big Bazaar road T.S. No. 51 and T.S. Nos. 62 and 64.

4. Nagarkana Mantapam bearing T.S. No. 139, bounded on the-

North-by T.S. No. 140.

East-by T.S. No. 140.

South-by Kiladar street T.S. No. 953.

West- by Big Chowk T.S. No. 138.

Block No. 2 of Ward VI

5. Endowment office bearing with house and garden bearing T.S. No. 206, bounded on the-

North-by T.S. Nos. 220 and 221.

East-by T.S. Nos. 220 and 207 lane.

South-by Kiladar street T.S. No. 201.

West-by T.S. Nos. 205 lane and 188.

Block No. 8 of Ward VI

6. Tiled shops, etc., bearing T.S. Nos. 952, 954, 955 and 956 bounded on the-

North-by Kiladar street T.S. No. 953.

East-by T.S. Nos. 950, 951 and 967.

South-by T.S. Nos. 950 and 957.

West-by Big Bazaar road T.S. No. 1009/2.

7. A tank and its pathway bearing T.S. No. 948, bounded on the-

North-by T.S. Nos. 949, 953 Kiladar street, 944 and 947. East-by T.S. Nos. 947, 944 and 942.

South-by T.S. Nos. 941, 969 and 970.

West-by T.S. Nos. 949, 950 and 969.

8. T.S. No. 2554-a vacant site bounded on the-

North-by T.S. Nos. 2518 to 2527, 2553 and 2265/1 Chinna Bazaar street of Ward V.

East-by T.S. Nos. 2529 Jeevanthinathapuram street. 2552 lane and tank, 2553, 2518, 2506 lane, 2505, 2460 [Venugopalapuram street and 2459 [Taluk cutchery compound.

South-by T.S. Nos. 2459 and 2566.

West-by T.S. Nos. 2562 and 2555.

Block No. 17 of Ward VII

9. Shop-bearing T.S. Nos. 1949 to 1951 bounded on the-

North-by T.S. No. 3270 Tanjore road of Ward VI

East-by T.S. No. 1948.

South-by T.S. No. 1955 lane.

West-by T.S. No. 1952.

Block Nos. 14 and 15 of Ward VII

10. Garden site-bearing T.S. No. 1525 part, and house-sites, bearing T.S. Nos. 1540 to 1553, 1567 to 1575, 1598 part 1599, 1602 to 1604, 1695 to 1704, 1708 to 1716, 1718, 1722, 1723 part. 1724, 1726, 1729, 1730, 1734, 1738, 1739 part. 1741 and 1742 bounded on the-

North-by T.S. Nos. 1748, 1740, 1739 part, 1737, 1736, 1735, 1731 to 1733, 1728, 1727, 1725, 1723 part. 1721, 1719, 1694 part street, 1605, 1601, 1600, 1598 part.

East-by T.S. Nos. 1597, 1584 part Municipal street, 1576, 1577, 1566, 1560 Municipal street, 1554 and 1525 part.

South-by T.S. No. 1525 part Pettai.

West-by T.S. Nos. 1539, 1560 part (Municipal street, Anandapuram new street), 1705, 1706, 1707, 1717 part (Anandapuram new street), 1796 (Mussalman street).

Streets bearing T.S. Nos. 1560 (part), 1884 (part), 1694 (part) and 1717 (part) have been excluded.

11. Site-bearing T.S. No. 1797 bounded on the-

North-by T.S. No. 1798.

East-by T.S. No. 1796 (Mussalman street).

South-by T.S. No. 1817 (Eda street).

West-by T.S. No. 1817 (Eda street).

(iv) Shops and House-sites belonging to the Begam Sahiba Mosque.

Block No. 10 of Ward IV

1. Shops bearing T.S. Nos. 389 to 412 and 414 to 418 and house-sites bearing T.S. Nos. 435, 437 to 444 bounded on the-

North-by T.S. Nos. 436, 434, 433, 428, 427 and 419.

East-by T.S. Nos. 3080 (Big Bazaar street of Ward VI), 428 and 432.

South-by T.S. Nos. 386 and 388 (Stone-cutters' street).

West-by T.S. Nos. 388 (lane), 445 (lane), 436 and 434.

The mosque is in T.S. No. 413 and is ??? by the shops described above.

Block No. 11 of Ward IV

2. Site-bearing T.S. Nos. 566, 567 and 568, 2, 3, 4 and 5 bounded on the-

North-by T.S. No. 560 (Guruvian tank).

East-by T.S. Nos. 561, 564 and 565.

South-by T.S. Nos. 508 and 568/1.

West-by T.S. No. 568/1.

Block No. 20 of Want VI

3. Shops-bearing T.S. Nos. 3084 and 3085 and sites bearing T.S. Nos. 3086 to 3091, 3092 part, 3093 and 3094 bounded on the-North-by T.S. Nos. 3083, 3092 and 3095.

East-by T.S. Nos. 3092, 3096 (lane).

South-by T.S. No. 3266 (Anaikattimettu street).

West-by T.S. No. 3080 (Big Bazaar street).

(v) Shops, etc., belonging to the Hasan Bag Mosque.

Block No. 28 of Ward IV

Shops-bearing T.S. Nos. 2555 to 2561 and garden and mosque bearing T.S. No. 2562, bounded on the-

North-by T.S. No. 2265 (Chinna Bazaar road of Ward V) and T.S. No. 2563.

East -by T.S. No. 2554.

South-by T.S. Nos. 2566 and 2564.

West-by T.S. Nos. 2564 and 2563.

(vi) Site, etc., belonging to the Edagah Mosque

Block No. 47 of Ward 1

Tomb and Mosque site-bearing T.S. Nos. 372 and 373 hounded on the-

North -by T.S. No. 376.

East-by T.S. No. 374 (William's Road).

South-by T.S. No. 371.

West -by T.S. No. 377 (lane).

Allowance attached to the Tomb of Wallajaii

A monthly tomb allowance of Rs. 69 paid from the Huzur Treasury at Trichinopoly.

Endowments in Madras

1. Bazaars and land belonging to Wallajahi Mosque in the Triplicane High Road; survey number-R.S. Nos. 168/1 to 175/3 of Triplicane except Nos. 168/2, 170/2, 172/2 and 175/2. Certificate No. 1893, dated 2nd September, 1873.

2. Mamur Mosque Endowment in the Ibra-him-ji Sahib street; survey number-R.S. No. 3614 of Georgetown. Certificate No. 1981, dated 24th April, 1874.

3. A monthly tomb allowance of Rs. 414-9-4 paid by the 1[Accountant-General, Tamil Nadu], for the tombs of the Nawabs of Carnatic, Triplicane.

4. A monthly allowance of Rs. 29-8-0 paid by the 1[Accountant-General, Tamil Nadu], for the tomb of Mastan Sahib, Georgetown.

5. A monthly allowance of Rs. 69 paid by the Tahsildai, Madras, for Mamur Mosque, Georgetown.

Endowments in North Argot

1. Masjida Jamay situated in survey No. 822 of Arcot village A lump sum of Rs. 1,076-3-0 per annum from the beriz of Chakramallur village, Wallajah taluk.

2. Two jaghirs, viz., Asanallikuppam and Sayanavaram in Arkonam taluk, which are endowments belonging to Masjida Wallajahi, commonly called High Mosque, and Masjida Anwarree commonly called Small Mosque, situated in Triplicane, Madras.

1. This expression was substituted for the expression "Accountant-General, Madras" by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

Schedule B

Schedule B

SCHEDULE B

List of Charitable and Religious Institutions maintained out of the Endowments in Schedule A

TRICHINOPOLY

Mosques

1. The Muhammudy Mosque at Chowk, Trichinopoly Fort; (T.S. No. 97 in block No. 1 of Ward VI).

2. The Begum Sahiba Mosque near Big Market, Trichinopoly Fort (T.S. No. 413 in block No. 10 of Ward IV).

3. The Amir Mosque near Beerangi tank, Trichinopoly Fort (T.S. No. 1677 part in block No. 12 of Ward VI).

4. The Hasan Bag Mosque near Teppakulam, Trichinopoly Fort (T.S. No. 2562 in block No. 28 of Ward IV).

5. The Eadgah Mosque in Cantonment, Trichinopoly (T.S. No. 373 in block No. 47 of Ward I).

Choultry

6. The Begara Sahiba Choultry at ??? village, Trichinopoly taluk.

Tombs

7. The Tomb of Nawab Wallajah and his family with the building attached thereto, Trichinopoly Fort (T.S. No. 1518 part, block No. 17 of Ward IV).

MADRAS

Mosques

8. Wallajahi Mosque, Triplicane.

9. Anwari Mosque and Asari-Sharif, Triplicane.

10. Mumur Mosque, Georgetown.

Tombs

11. Tombs of the Nawabs of Carnatic and their families within the limits of Wallajah Mosque.

12. Mastan Sahib's Tomb, Georgetown.

13. Tomb of Hazrat Murtaza Badshah which the limits of Anwari Mosque.

14. Ashraf Ali Khan's Tomb.

15. Yasin Begam's Tomb.

16. Dulhari Begam Tomb.

17. Anakulam Tank burial-ground.

18. Prince Azim Jah Bahadur's Tomb.

NORTH ARCOT

Mosque

19. Masjida Jamay, Arcot.

20. Tomb of Nawab Syedulla Khan within Masjida Jamay, Arcot.

TANJORE

Mosque

21. Wallajah Mosque at Nagore with langarkhana attached.

Schedule C

Schedule C

SCHEDULE C

Scheme of Administration of the Charitable and Religious Endowments under the control of the Prince of Arcot in Trichinopoly

1. The Prince of Arcot shall spend the entire income derived from the endowments in the Trichinopoly district specified in Schedule A only for the charitable and religious institutions in the Trichinopoly district spec-lied in Schedule B and for other charitable and religious institutions outside the Trichinopoly district specified in Schedule B and shall not be entitled to appropriate any part of such ??? for his private purposes.

2. The said income shall be divided between the charitable and religious institutions specified in Schedule B in Trichinopoly and the other charitable and religious institutions in the proportion of 3/4 to 1/4 (three-fourths to one-fourth).

3. The Prince of Arcot for the time being shall appoint an Agent to manage the charities but such appointment shall be subject to the approval of Government.

4. The Agent shall be a Muhammadan. The Agent's office 1 shall be in Trichinopoly and the Agent shall ordinarily reside in Trichinopoly.

5. The Agent shall be subject to the control of the Prince of Arcot, but any complaint against the Agent regarding the administration of the charities shall be inquired into by the Collector of trichinopoly whose orders shall be subject to appeal to Government. The decision of Government on any such complaint shall be final and shall be obeyed by the Agent.

6. The Collector shall appoint an advisory committee of five leading Muhammadan resident? in Trichinopoly for the purpose of assisting and advising him in the matter of the endowments. Each member shall ordinarily hold office for three years.

7. The powers of the committee shall by confined to the inspection of the religious and charitable institutions in Trichinopoly including the endowment office and to advising the Collector and all action on such advice shall be taken by the Collector.

8. The Agent shall prepare a budget of income and expenditure for each year in consultation with he committee and in accordance with the proportions mentioned in rule 2 above and shall publish the same at least one month before the commencement of the year. If the Agent and committee disagree in connexion with any point concerning the Trichinopoly portion of the budget, the matter shall be referred to the Collector for orders.

9. The Agent shall keep accounts of income and expenditure of the endowments in such manner as may be prescribed by the Collector. The accounts shall be audited once a year by a person to be appointed by the Collector, the cost of the audit being paid from the income of the endowments.

10. The Collector may for good and sufficient cause require the Prince of Arcot to remove the Agent. If the Prince neglects or refuses to comply with any such requisition, the Government may, after hearing the Prince, remove the Agent and require the Prince to appoint a new Agent.

11. The appointment and dismissal of the Agent's staff in Trichinopoly shall rest as heretofore with the Prince of Arcot.

12. Leases of immovable properties forming part of the endowments shall be made by the Agent in consultation with the committee by public auction and in accordance with rules and orders made by the Collection consultation with the committee and the Agent.

SECTIONS