Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1991*
| [Tamil Nadu Act No. 46 of 1991] | [13th November, 1991] |
An Act further to amend the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-second Year of the Republic of India as follows:-
* Received the assent of the Governor on the 11th November, 1991 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 588, dated November 13, 1991.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1991.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of section 6.- In the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959) (hereinafter referred to as the principal Act), in section 6,-
(1) clause (1) shall be omitted;
(2) after clause (8), the following clause shall be inserted, namely:-
"(8-A) "District Committee" means a District Committee constituted under section 7-C:";
(3) clause (15-A) shall be omitted;
(4) after clause (20), the following; clause shall be inserted, namely:-
"(20-A) "Temple Administration Board" means the Tamil Nadu Temple Administration Board established under section 7;".
3. Amendment of section 7.- For section 7 of the principal Act, the following shall he substituted, namely:-
"CHAPTER I-A
ESTABLISHMENT OF TEMPLE ADMINISTRATION BOARD AND CONSTITUTION OF DISTRICT COMMITTEES
7. Establishment of Tamil Nadu Temple Administration Board.- (1) With effect on and from such date as the Government may, by notification, appoint in this behalf, there shall be established a Board) by the name the Tamil Nadu Temple Administration Board.
(2) The Temple Administration Board shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property subject to such conditions and restrictions as may be prescribed and shall by the said name sue and be sued.
(3) It shall be lawful for the Temple Administration Board to reorganise the administrative set up in respect of the religious institutions and endowments in the State so as to ensure better administration and governance of the religious institutions and endowments, in accordance with the provisions of this Act.
4. Amendment of heading of Chapter II.- In Chapter II of the principal Act, for the heading, the following heading shall be substituted, namely:-
"AUTHORITIES UNDER THE ACT."
5. Amendment of section 8.- In section 8 of the principal Act, for clause (a), the following clauses shall be substituted, namely:-
"(a) The Temple Administration Board;
(aa) District Committees;
(aaa) The Commissioner:"
6. Omission of section 11.- Section 11 of the principal Act shall be omitted.
7. Amendment of section 13.- In section 13 of the principal Act, in sub-section (2), the figures "46, 47, 59" shall be omitted.
7-A. Composition of Temple Administration Board.- (1) The Temple Administration Board shall consist of the following members, namely:-
(a) the Chief Minister, who shall be the Chairman, ex-officio;
(b) the Minister incharge of the portfolio of Hindu Religious and Charitable Endowments in the State of Tamil Nadu, ex-officio;
(c) the Secretary to Government incharge of Hindu Religious and Charitable Endowments, ex-officio;
(d) the Commissioner, ex-officio;
(e) such number of officials and non-officials as may be prescribed, professing Hindu religion, nominated by the Government, of whom one shall be a member of the Scheduled Castes or Scheduled Tribes:
Provided that the number of members so nominated under this clause shall not exceed eighteen.
Explanation.-For the purposes of this sub-section and sub-section (1) of section 7-D, "Scheduled Castes" and "Scheduled Tribes" shall have the same meaning assigned to them respectively in clauses (24) and (25) of Article 366 of the Constitution.
(2) The Commissioner shall be the Secretary to the Temple Administration Board.
(3) The term of office of the members of the Temple Administration Board nominated under clause (e) of sub-section (1) and other matters relating; to the conduct of the meeting of the said Board shall be such as may be ???.
7-B. Powers and functions of Temple Administration Board.- (1) Subject to the other provisions of this Act and to any rules made under this Act, the general superintendence of all religious institutions and endowments; in the State in relation to all matters, except those which are expressly required by this Act to be dealt with by the Commissioner, Deputy Commissioner or the Assistant Commissioner, shall vest in the Tempal Administration Board and it shall be the duty of the Temple Administration Board so to exercise its powers under this Act as to ensure that the religious institutions and endowments under its superintendence are properly maintained, controlled and administered and the income thereof is; duly applied to the objects and for the purposes for which such religious institutions and endowments were created or intended.
(2) Without prejudice to the generality of the foregoing power, the functions of the Temple Administration Board shall be-
(a) to maintain a record containing information relating to the origin, income and object of every religious institution or endowment;
(b) to ensure that the income and other property of the religious institutions: and endowments are applied to the objects for which such religious institutions or endowments were created or intended;
(c) to give directions to the District Committee for the administration of the religious institutions and endowments;
(d) to accord previous sanction for alienation of immovable trust property referred to in section 34;
(e) to direct the utilization of the surplus income of the religions institutions or endowments consistent with the objects of the religious institutions or endowments:
Provided that the Temple Administration Board shall not issue any direction prejudicial to any temple or endowment unless the trustees concerned have had a reasonable opportunity of making their representations;
(f) to constitute a District Committee for each district or for two or more districts;
(g) to exercise control over the administration of maths;
(h) to constitute Board of Trustees in respect of any religious institution whose annual income, as calculated for the purposes of the law of contribution under sub-section (1) of section 92, is not less than rupees one lakh; and
(i) generally to do all such acts as may be necessary for the due control, maintenance and administration of the religious institutions and endowments.
7-C. Constitution of 1 District Committee.- (1) The Temple Administration Board shall constitute a District Committee for each district or (for two or more districts for the purpose of constituting the Board of Trustees for each religious institution, whose annual income as calculated for the purposes of the levy of contribution under sub-section (1) of section 92, is less than rupees one lakh.
(2) The religious institution whose annual income as calculated for the purposes of the levy of contribution under sub-section (1) of section 92 is loss than ten thousand rupees shall be grouped together by the District Committee in such manner as may be prescribed for the purpose of constituting a Board of Trustees for the administration and governance of such religious institutions.
7-D. Composition of District Committee.- (1) Every District Committee shall consist of the following ???, namely:-
(a) a Chairman; and
(b) such number of officiate and non-officials not exceeding eleven, as may be prescribed.
professing Hindu religion, nominated by the Temple Administration Board, of whom one shall be a member of the Scheduled Castes or Scheduled Tribes
(2) The Temple Administration Board may appoint a Deputy Commissioner or an Assistant Commissioner, as the case may be, as Secretary to the District Committee.
(3) The term of office of the members of the District Committee and other matters relating to the conduct of the meeting of the said Committee shall be such as may be prescribed.
7-E. Functions of District Committee.- Subject to the other provisions of this Act and to any rules made under this Act, the District Committee may exercise powers in respect of the following matters relating to the religious institutions, namely:-
(a) constitution of board of trustees; in respect of any religious institution whose annual income as calculated for the purposes of the levy of contribution under sub-section (1) of section 92, is less than rupees one lakh;
(b) inspection of property and documents;
(c) power to enter the religious institutions,;
(d) power to call for accounts from trustees other than maths;
(e) power to suspend, remove; or dismiss trustees;
(f) approval of budget of the religious; institutions and review of the audit report.
7-F. Disqualifications of member of Temple Administration Board or District Committee.- A person shall be disqualified for being nominated as, and for being, a member of the Temple Administration Board or the District Committee-
(a) if he does not profess the Hindu Religion;
(b) if he is an undischarged insolvent;
(c) if he is of unsound mind or is suffering from mental defect or infirmity which would render him unfit to perform the functions and discharge the duties of a member of the Temple Administration Board or District Committee;
(d) if he is interested in a subsisting lease of any property of, or contract made with or any work being done for the religious institution or is in arrears of any kind due by him to such religious institution or endowment;
(e) if he is employed as a paid legal practitioner on behalf of or against the religious institution;
(f) if he has been removed or dismissed from service under the Central Government or any State Government or any local authority;
(g) if he has been sentenced by a criminal court for an offence involving moral delinquency, such sentence not having been reversed or the offence pardoned;
(h) if he has acted adversely to the interests of the institution.
7-G. Meeting of Temple Administration Board or District Committee.- (1)(a) The Temple Administration Board;
(b) the District Committee, shall meet for transaction of its business at such times and places as may be prescribed.
(2) The Chairman, or in his absence, any member chosen by the members; from amongst themselves, shall preside over the meeting of the Temple Administration Board or the District Committee, as the case may be.
(3) Subject to the provisions of this Act, all questions which come before any meeting of the Temple Administration Board or the District Committee, as the case may be, shall be decided by a majority of votes of the members present, and in the case of equality of votes, the Chairman or, in his absence, any other person presiding over the meeting, shall have a second.
7-H. Chairman, members and Secretary not to receive or be paid salaries or other remuneration.- No Chairman or other member or Secretary of the Temple Administration Board or of the District Committee, as the case may be, shall receive or be paid any salary or other remuneration except such travelling and halting allowances as may be prescribed.
7-I. Resignation.- Any non-official member may resign, his office by giving notice in writing,-
(a) to the Government, where such member is a member of the Temple Administration Board; and
(b) to the Temple Administration Board, where such member is a member of the District Committee,
and his office shall become vacant from the date of acceptance of such registration by the Government or the Temple Administration Board, as the case may be
7-J. Cessation of office of member or Chairman.- (1) A non-official member of the Temple Administration Board or the District Committee shall cease to hold office as such member if he has absented himself from three consecutive meetings of the Temple Administration Board or the District Committee, as the case may be, without obtaining the prior permission of the Chairman therefor.
(2) The Chairman of a District Committee if he is a non-official shall cease to hold office as such Chairman, if he has absented himself from three consecutive meetings of the said Committee without obtaining the prior permission of the Chairman of the Temple Administration Board.
7-K. Removal of non-official members.- Any non-official member may, for good and sufficient reason, be removed from office after giving him an opportunity of showing cause against such removal and after considering the explanation offered therefor,-
(a) by the Government, in the case of a member of the Temple Administration Board; and
(b) by the Temple Administration Board, in the case of a member of the District Committee.
7-L. Filling up of casual vacancy.- The Government or the Temple Administration Board, as the case may be, may fill up any casual vacancy in the office of any nominated member of the Temple Administration Board, or as District Committee (including its Chairman), by nominating another person in his place in accordance with the provisions of this Act and such person shall hold office only so long as the member in whose place he is nominated would have been entitled to hold office, if the vacancy had not occurred.
7-M. Acts of Temple Administration Board or District Committee not to be invalidated.- No act or proceeding of the Temple Administration Board or the District Committee shall be deemed to be invalid by reason only of a defect in its composition or on the ground that any member of the Temple Administration Board or the District Committee, as the case may be, was not entitled to hold or continue in any such office by reason of any disqualification, or by reason of any irregularity or illegality in his nomination or by reason of such act or proceeding having been done or conducted during the period of any vacancy in the office of the Chairman or member of such Board or Committee, as the case may be.
7-N. Prevention of disqualification for membership of Legislative Assembly.- It is hereby declared that the offices of Chairman and members of the Temple Administration Board or the District Committee shall not disqualify, and shall be deemed never to have disqualified, the holders thereof for being chosen as, or for being, members of the Legislative Assembly.
7-O. Delegation of powers.- The Temple Administration Board may, by a general or special order in writing, delegate to the District Committee or the Commissioner any of the powers conferred or duties imposed on the said Board by this Act or the rules made thereunder (other than the powers and duties referred to in section 47) subject to such conditions if any, as may be specified in the order.
7-P. Direction by Government.- In the discharge of its functions, the Temple Administration Board may be guided by such directions on questions of policy as may be given to it by the Government.
8. Amendment of section 14.- In section 14 of the principal Act,-
(1) in the marginal heading, for the words "Assistant Commissioners", the words "Assistant Commissioners and District Committees" shall be substituted;
(2) in sub-section (2-A),-
(a) in the opening portion,-
(i) for the expression "Without prejudice to the provisions of sub-section (2), an Assistant Commissioner", the expression "The District Committee" shall be substituted;
(ii) for the words "imposed on him", the words "imposed on it" shall be substituted;
(b) in clause (i),-
(i) for the words "in his division", the words "in its jurisdiction" shall be substituted;
(ii) for the expression "under section 46", the expression "under clause (iii) of section 46" shall be substituted;
(c) in clause (ii), for the ??? "under section 46", the expression "under clause (iii) of section 46" shall be substituted;
(d) in clause (iii), for the words "in his division", the words "in its jurisdiction" shall be substituted;
(e)(i) in the first proviso, for the words "Assistant Commissioners" in three places where they occur, the words "District Committees" shall be substituted;
(ii) for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted;
(f) in the second proviso for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted;
(3) in sub-section (3), the figures "46, 47, 59" shall be omitted.
9. Amendment of section 21.- in section 21 of the principal Act, in sub-section (1), the expression "or in respect of which an application for revision has been preferred under section 21-A to the Deputy Commissioner and is pending disposal by him" shall be omitted.
10. Omission of section 21-A.- Section 21-A of the principal Act shall be omitted.
11. Amendment of section 23.- In section 23 of the principal Act,-
(1) in the marginal heading, for the word "Commissioner", the words "Temple Administration Board" shall be substituted;
(2) for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted;
(3) in the proviso, for the words "the Commissioner", the words "the Temple Administration Board" shall lie substituted.
12. Amendment of action 24.- In section 24 of the principal Act,-
(1) in sub-section (1), for the words "The Commissioner or a Deputy or an Assistant Commissioner or any officer authorised by the Commissioner or the Deputy Commissioner or the Assistant Commissioner in this behalf", the words "The Chairman or any member of the Temple Administration Board or of the District Committee or the Commissioner or a Deputy Commissioner or an Assistant Commissioner or any officer authorized by the Temple Administration Board or the District Committee or the Commissioner or a Deputy Commissioner or an Assistant Commissioner, as the case may be in this behalf" shall be substituted:
(2) in sub-section (2),-
(a) for the words "such officer" in two places where they occur, the words "such Chairman, member or officer" shall be substituted;
(b) for the words "the officer", the words "the Chairman, member or officer" shall be substituted;
(3) in sub-section (5),-
(a) for the words "the Commissioner" in two places where they occur, the words "the Temple Administration Board" shall be substituted;
(b) for the word "he", the word "it" shall be substituted:
(4) in sub-section (6), for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted.
13. Amendment of section 25.- In section 25 of the principal Act,-
(1) in the marginal heading, for the word "Commissioner", the words "Chairman, Member, Commissioner" shall be substituted:
(2) for the words "The Commissioner", the words "The Chairman or any member of the Temple Administration Board or of the District Committee, the Commissioner" shall be substituted.
14. Amendment of section 26.- In section 26 of the principal Act.-
(1) in sub-section (2), in clause (b), for sub-clauses (i), (i-a) and (ii), the following sub-clauses shall be substituted, namely:-
"(i) in the case of trustees appointed by the District Committee, to the District Committee;
(ii) in any other case to the Temple Administration Board,";
(2) in sub-section (3), for the words "the Deputy Commissioner", the words "the District Committee" shall be substituted:
(3) for sub-section (5), the following sub-section shall be substituted, namely:-
"(5) Any person aggrieved by an order of-
(a) the District Committee under sub-section (3) may appeal to the Temple Administration Board;
(b) the Deputy Commissioner under sub-section (4) may appeal to the Commissioner,
within one month from the date of receipt of the order by him."
15. Amendment of section 27.- In section 27 of the principal Act, for the words "the Government", the words "the Government, the Temple Administration Board, the District Committee" shall be substituted.
16. Amendment of section 29.- In section 29 of the principal Act,-
(1) in sub-section (1),-
(a) in the opening portion, for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted;
(b) in clause (h), for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted;
(2) in sub-section (2), in the opening portion, for the words "the Commissioner" and "the Assistant Commissioner" wherever they occur, the words "the Temple Administration Board" and "the District Committee" shall, respectively, be substituted;
(3) in sub-section (3),-
(a) for the words "The Assistant Commissioner", the words "The District Committee" shall be substituted;
(b) for the words "through him", the words "through it" shall be substituted;
(c) for the words "as he may" in two places where they occur, the words "as it may" shall be substituted;
(4) in sub-section (4),-
(a) for the words "The Commissioner" and "the Assistant Commissioner" wherever they occur, the words "The Temple Administration Board" and "the District Committee" shall, respectively, be substituted;
(b) for the words "as he may", the words "as it may" shall be substituted;
(5) in sub-section (5), for the words "the Commissioner" in two places where they occur, the words "the Temple Administration Board" shall be substituted;
(6) in sub-section (6), for the words "the Commissioner" and "the Assistant Commissioner" the words "the Temple Administration Board" and "the District Committee" shall, respectively, be substituted.
17. Amendment of section 30.- In section 30 of the principal Act, for the words "the Commissioner for his approval directly or through the Assistant Commissioner", the words "the Temple Administration Board for its approval directly or through the District Committee" shall be substituted.
18. Amendment of section 31.- In section 31 of the, principal Act, for the words "the Commissioner for his approval directly or through the Assistant Commissioner", the words "the Temple Administration Board for its approval directly or through the District Committee" shall be substituted.
19. Amendment of section 32.- In section 32 of the principal Act,-
(1) in sub-section (1),-
(a) for the words "the Commissioner", in two places where they occur, the words; "the Temple Administration Board" shall be substituted;
(b) for the word "he", the word "it" shall be substituted;
(2) in sub-section (2),-
(a) for the words "the Assistant Commissioner", the words "the District Committee" shall be substituted;
(b) for the word "him", the word "it" shall be substituted;
(c) for the word "he", the word "it" shall be substituted.
20. Amendment of section 33.- In section 33 of the principal Act, for the words "the Commissioner," in three places where they occur, the words "the Temple Administration Board" shall be substituted.
21. Amendment of section 34.- In section 34 of the principal Act,-
(1) for the words "the Commissioner" wherever they occur, the words "the Temple Administration Board" shall be substituted;
(2) in sub-section (2), for the word "he", the word "it" shall be substituted.
22. Amendment of section 35.- In section 35 of the principal Act, in sub-section (2), for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted.
23. Amendment of section 36.- In section 36 of the principal Act (including the second proviso thereto), for the words "the Commissioner" in two places where they occur, the words "the Temple Administration Board" shall be substituted.
24. Amendment of section 37.- In section 37 of the principal Act, for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted.
25. Amendment of section 42.- In section 42 of the principal Act, for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted.
26. Amendment of section 43.- In section 43 of the principal Act,-
(1) in the marginal heading, for the word "Commissioner" the words "Temple Administration Board" shall be substituted;
(2) for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted.
27. Amendment of section 46.- In section 46 of the principal Act,-
(1) in clause (i), for the words "less than fifty thousand rupees", the words "less than one lakh rupees" shall be substituted;
(2) clause (ii) shall be omitted;
(3) in the second proviso,-
(1) in clause (a), the expression "or clause (ii)" shall be omitted; (2) in clause (b), the expression "clause (ii) or" shall be omitted.
28. Amendment of section 46-A.- Section 46-A of the principal Act shall be omitted.
29. Amendment of section 47.- In section 47 of the principal Act,-
(1) in sub-section (1),-
(a) for clause (a) (including the proviso thereto), the following clause shall be substituted, namely:-
"(a) Where a religious institution included in the list ??? under section 46, has no hereditary trustee,-
(i) in cases falling under clause (i) of section 46 the ??? Committee; and
(ii) in cases falling under clause (iii) of section 46, the ??? Administration Board,
shall constitute a Board of Trustees consisting of persons appointed by ??? District Committee or the Temple Administration Board, as the case may be."
(b) in clause (b), for the words "the Government" the ??? "the Temple Administration Board" shall be substituted;
(c) in clause (c), in the proviso, for the words "the Government the Commissioner or the Deputy Commissioner" the words "the ??? Administration Board or the District Committee" shall be ???
(d) in the Explanation, for the expression "purposes of this sub-section", the expression "purposes of this sub-section and sub-section (1) of section 49" shall be substituted;
(2) in sub-section (2), for the words "the Government, the Commissioner or the Deputy Commissioner" wherever they occur, the words "the Sample Administration Board or the District Committee" shall be substituted;
(3) in sub-section (3), for the words "the Government, the Commissioner or the Deputy Commissioner", the words "the Temple Administration Board or the District Committee" shall be substituted;
(4) in stub-section (4) (including the proviso thereto), for the words "the Government, the Commissioner or the Deputy Commissioner" in two places where they occur, the words "the Temple Administration Board or the District Committee" shall be substituted.
30. Omission of section 47-A.- Section 47-A of the principal Act shall be omitted.
31. Amendment of section 43.- In section 48 of the principal Act, for the words "the Government, the Commissioner or the Deputy Commissioner" in two places where they ??? the words "the Temple Administration Board or the District Committee" shall be substituted.
32. Amendment of section 49.- In section 49 of the principal Act,-
(1) in the marginal heading, for the words "Assistant Commissioner", the words "District Committee" shall be substituted;
(2) in sub-section (1),-
(a) for the words "the Assistant Commissioner", tat words "District Committee" shall be substituted;
(b) for the words "the Government, the Commissioner or the Deputy Commissioner", the words "the Temple Administration Board or the District Committee" shall be substituted;
(c) for the provisos, the following proviso shall be substituted, namely:-
"Provided that the Board of Trustees constituted under this sub-section shall consist of not less than three and not more than five persons of whom one shall be a member of the Scheduled Castes or Scheduled Tribes.";
(3) in sub-section (2), for the words "the Assistant Commissioner" the words "the District Committee" shall be substituted.
33. Amendment of section 49-A.- In section 49-A of the principal Act,-
(1) in sub-section (1), for the words "the Assistant Commissioner" the words "the District Committee" shall be substituted;
(2) in sub-section (2), for the words "the Government, the Commissioner or the Deputy Commissioner", the words "the Temple Administration Board or the District Committee" shall be substituted.
34. Amendment of section 51.- In section 51 of the principal Act,-
(1) clause (a) shall be omitted;
(2) in clause (b), for the words "the Government, the Commissioner, the Deputy Commissioner or the Assistant Commissioner", the words "The Temple Administration Board or the District Committee" shall be substituted.
35. Amendment of section 51.- In section 53 of the principal Act,-
(1) in sub-section (1),-
(a) in clause (a), for the words "the Government", the words "the Temple Administration Board" shall be substituted;
(b) clause (b) shall be omitted;
(c) in clause (c), for the words "the Deputy Commissioner", the words "the District Committee" shall be substituted;
(d) in clause (d), for the words "the Assistant Commissioner" the words "the District Committee" shall be substituted;
(2) in sub-section (2), in clause (c), for the words "the Government", the words "the Government, the Temple Administration Board, the District Committee" shall be substituted;
(3) in sub-section (5),-
(a) in clause (i), for the words "the Commissioner, to the Government", the words "the Temple Administration Board, to the Government; and" shall be substituted;
(b) in clause (ii), for the words "the Deputy Commissioner, to the Commissioner; and" the words "the District Committee, to the Temple Administration Board" shall be substituted;
(c) clause (iii) shall be omitted;
(4) in sub-section (6), for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted.
36. Amendment of section 57.- In section 57 of the principal Act, for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted.
37. Amendment of section 58.- In section 58 of the principal Act,-
(1) in sub-section (1),-
(a) in the opening portion,-
(i) for the words "the Assistant Commissioner" and "the Commissioner" in two places where they occur, the words "the District Committee" and "the Temple Administration Board" shall, respectively, be substituted;
(ii) for the expression "date of the commencement of this Act", the expression "date of the commencement of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1991" shall be substituted;
(b) in the proviso, for the expression "date of the commencement of this Act", the expression "date of the commencement of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1991" shall be substituted;
(2) in sub-sections (2), (3) and (5), for the words "the Assistant Commissioner" and "the Commissioner" wherever they occur, the words "the District Committee" and "the Temple Administration Board" shall, respectively, be substituted;
(3) in sub-section (3), for the words "he may think fit", the words "it may think fit" shall be substituted;
(4) for sub-section (4), the following sub-section shall be substituted, namely:-
"(4) Against an order passed by the District Committee under sub-section (3), the trustee or any person having interest may, within one month from the date of the receipt of the order by the trustee, appeal to the Temple Administration Board.";
(5) in sub-section (5), in the proviso, for the words "on his own motion", the words "on its own motion" shall be substituted.
38. Amendment of section 59.- In section 59 of the principal Act,-
(1) in sub-section (1), for the word "Commissioner" in two places where it occurs, the words "Temple Administration Board" shall be substituted;
(2) in sub-section (2),-
(a) for the word "Commissioner" wherever it occurs, the words "Temple Administration Board" shall be substituted;
(b) for the words "his consent", the words "its consent" shall be substituted.
39. Amendment of section 60.- In section 60 of the principal Act,-
(1) in sub-section (1),-
(a) for the words "Assistant Commissioner" the words "District Committee" shall be substituted;
(b) for the words "as he thinks", the words "as it thinks" shall be substituted;
(c) for the words "the Commissioner", the words "the Temple-Administration Board" shall be substituted;
(2) in sub-section (2),-
(a) for the words "the Commissioner" the words "the Temple Administration Board" shall be substituted;
(b) for the words "as he deems", the words "as it deems" shall be substituted;
(c) for the words "he shall", the words; "it shall" shall be substituted;
(d) for the words "as he thinks fit", the words "as it thinks fit" shall be substituted;
(3) in sub-section (3), for the word "Commissioner", the words "Temple Administration Board" shall be substituted.
40. Amendment of section 61.- In section 61 of the principal Act,-
(1) for the words "the Commissioner" wherever they occur, the words "the Temple Administration Board" shall be substituted;
(2) in sub-section (3), for the words "he shall submitted words "it shall submit" shall be substituted.
41. Amendment of section 77.- In section 77 of the principal Act, in sub-section (3), for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted.
42. Amendment of section 86.- In section 86 of the principal Act,-
(1) in sub-section (1),-
(a) in the opening portion, for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted;
(b) for clauses (a), (b) and (c), the following clauses shall be substituted, namely:-
"(a) to the Temple Administration Board, in the case of maths and specific endowments attached to maths and in the case of institutions included in the list published under clause (iii) of section 46;
(b) to the District Committee, in the case of other institutions.";
(2) in sub-section (2), in clause (d), for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted;
(3) in sub-section (3),-
(a) for the words "The Commissioner, Deputy Commissioner or Assistant Commissioner", the words; "The Temple Administration Board or the District Committee" shall be substituted;
(b) for the word "he", the word "it" shall be substituted;
(4) in sub-section (4), for clauses (a), (b) and (c), the following clauses shall be substituted, namely:-
"(a) where the order has been made by the District Committee, to the Temple Administration Board;
(b) where the order has been made by the Temple Administration Board, to the Government.";
(5) in sub-section (5), for the words "the Commissioner, Deputy Commissioner or Assistant Commissioner" in two places where they, occur, the words "the Temple Administration Board or District Committee" shall be substituted;
(6) in sub-section (6),-
(a) for the words "Commissioner, Deputy Commissioner or Assistant Commissioner" in two places where they occur, the words "Temple Administration Board or District Committee" shall be substituted;
(b) for the words "by the Commissioner", the words "by the Temple Administration Board" shall be substituted.
43. Amendment of section 87.- In section 87 of the principal Act, for the words "the Commissioner" in two places where they occur, the words "the Temple Administration Board" shall be substituted.
44. Amendment of section 88.- In section 88 of the principal Act, for clauses (a), (b) and (c), the following clauses shall be substituted, namely:-
"(a) to the Temple Administration Board in respect of maths and specific endowments attached to maths and in respect of institutions included in the list published under clause (iii) of section 46; and
(b) to the District Committee in respect of other institutions."
45. Amendment of section 89.- In section 89 of the principal Act, in sub-section (2), for the words "the Commissioner, Deputy Commissioner or Assistant Commissioner", the words "the Temple Administration Board or District Committee" shall be substituted.
46. Amendment of section 90.- In section 90 of the principal Act,-
(1) in sub-sections (1), (2) and (3), for the words "Commissioner, Deputy Commissioner or Assistant Commissioner" wherever they occur, the words "Temple Administration Board or District Committee" shall be substituted;
(2) in sub-sections (7) and (8), for the words "the Commissioner" wherever they occur, the words "the Temple Administration Board" shall be substituted;
(3) in sub-section (8), for the words "as he thinks necessary", the words "as it thinks necessary" shall be substituted.
47. Amendment of section 92.- In section 92 of the principal Act, in sub-section (4), for clause (iv), the following clause shall be substituted, namely:-
"(iv) expenses of the Temple Administration Board and the District Committees."
48. Amendment of section 93.- In section 93 of the principal Act, for the words "the Government", the words "the Government, the Temple Administration Board, a District Committee" shall be substituted.
49. Amendment of section 97.- In section 97 of the principal Act,-
(1) in sub-section (1), for the words "the Commissioner", the words "the Temple Administration Board" shall be substituted;
(2) in sub-section (2), for the words "the Commissioner", the words in "the Temple Administration Board" shall be substituted.
50. Amendment of section 97-C.- In section 97-C of the principal Act, for the words "the Commissioner" in two places where they occur, the words "the Temple Administration Board" shall be substituted.
51. Amendment of section 98.- In section 98 of the principal Act, for the words "the Commissioner" the words "the Temple Administration Board, District Committee, Commissioner" shall be substituted.
52. Amendment of section 99.- In section 99 of the principal Act, for the words "The Commissioner" the words "The Temple Administration Board, a District Committee, the Commissioner" shall be substituted.
53. Amendment of section 100.- In section 100 of the principal Act,-
(1) in sub-section (1), for the words "the Deputy or Assistant Commissioner of the division", the words "the District Committee having jurisdiction over the area" shall be substituted;
(2) in sub-section (2), for the words "the Deputy or Assistant Commissioner", the words "the District Committee" shall be substituted.
54. Amendment of section 101.- In section 101 of the principal Act,-
(1) for the words "the Commissioner" in three places where they occur, the words "the Temple Administration Board" shall be substituted;
(2) in sub-section (1), in the first proviso, for the words "of his intention", the words "of its intention" shall be substituted.
55. Amendment of section 102.- In section 102 of the ??? Act, in sub-section (2), for the ??? "the Commissioner or a Deputy Commissioner shall be in his ??? he shall have" the words; "the Temple Administration Board or a District Committee or the Commissioner or a Deputy Commissioner shall be in ??? his discretion, as, the case may be, and it or he, as the case may he, ??? have" shall be substituted.
56. Amendment of section 111.- In section 111 of the principal Act, for the words "the Government the" words "the Government, the Temple Administration Board, a District Committee" shall be substituted.
57. Amendment of section 114.- In section 114 of the principal Act, in sub-section (1), for the words "the Commissioner" the words "the Temple Administration Board, any District Committee, the Commissioner" shall be substituted.
58. Omission of section 114-A.- Section 114-A of the principal Act shall be omitted.
59. Amendment of section 116.- In section lift of the principal Act, in sub-section (2),-
"(1) in ??? (iii), far the words "the Government", the words "the Government, the Temple Administration Board, a District Committee" shall he substituted;
(2) in clause (xxi), for sub-clauses (a) and (aa), the following subclauses shall be substituted, namely:-
"(a) the Temple Administration Board;
(aa) a District Committee; and".
60. Amendment of section III.- In Schedule III to the principal Act,-
(1) under the heading "II. Applications to Court or Tribunal", in the entries in column (2), against the entry "47(4)" in column (1), for the words "Government, Commissioner or Deputy Commissioner", the words "Temple Administration Board or District Committee" shall lie substituted;
(2)(i) in the heading "IV. Applications to Government, Commissioner or Deputy Commissioner", for the word "Commissioner", the words "Temple Administration Board, Commissioner" shall be substituted;
(ii) under the heading as sp amended,-
(a) entry "21-A" in column (1) and the entries relating thereto in columns (2) and (3) shall be omitted;
(b) in the entries in column (2), against the entry "59(1)" in column (1), for the word "Commissioner", the words "Temple Administration Board" shall be substituted;
(c) entry "114-A" in column (1) and the entries relating thereto in columns (2) and (3) shall be omitted;
(3)(i) in the heading "V. Appeals to Government, Commissioner or Deputy Commissioner", for the word "Commissioner", the words "Temple Administration Board, District Committee Commissioner" shall be substituted;
(ii) under the heading as so amended,-
(a) in the entries in column (2), against the entry "24(6)" in ??? (1), for the word "Commissioner", the words "Temple Administration Board" shall be substituted;
(b) for the entries in columns (2) and (3), against the entry "26(5)" in column (1), the following; entries shall be substituted, namely:
"Appeal against order of-
(i) District Committee to Temple Administration Board 25;
(ii) Deputy Commissioner to Commissioner 25";
(c) in the entries in column (2), against the entry "34(4)" in column (1), for the word "Commissioner", the words "Temple Administration Board" shall be substituted;
(d) in the entries in column (2), against the entry "37" in column (1), for the word "Commissioner", the words "Temple Administration Board" shall be substituted;
(e) in columns (1), (2) and (3), for the entries
| "58(4) | .. | Appeal to Deputy Commissioner against order of Area Committee regarding dittam .. 20 |
| 58(4) | .. | Appeal to Commissioner against appellate order of Deputy Commissioner .. 20", |
the fol lowing entries shall be substituted, namely:-
| "58(4) | .. | Appeal to Temple Administration Board against order of District Committee .. 20"; |
(f) for the entries in column (2), against the entry "59(2)" in column (1), for the words "Commissioner's refusal", the words "Temple Administration Board's refusal" shall be substituted;
(g) for the entries in columns (2) and (3);, against the entry "86(4)" in column (1), the following entries shall be substituted, namely:-
"Appeal against order regarding budget:-
| (i) to Temple Administration Board | .. .. | 10 |
| (ii) to Government | .. .. | 10". |
61. Non-hereditary trustee to cease to hold office.- (1) Notwithstanding anything contained in the principal Act, every non-hereditary trustee of every religious institution appointed under any of the provisions of the principal Act and holding office as such on the date of the commencement of this Act shall cease to hold such office on such date.
(2) On and from the date of the commencement of this Act, the functions; of the Board of Trustees or of the Trustee, as the case may be, of any religious institution shall, until the vacancy is filled up in accordance with the provisions of the principal Act, as amended by this Act, be performed-
(a) by the hereditary trustee or trustees, if any, of such institution, and
(b) if there is no hereditary trustee of such institution, by the executive officer or if the Government so direct by a fit person, appointed by the Government, the Commissioner, or the Deputy Commissioner, as the case maybe.
(3) Notwithstanding anything contained in the principal Act,-
(a) any non-hereditary trustee who ceases to hold office as such non-hereditary trustee under sub-section (1) shall hand over within a period of ten days from the date of the commencement of this Act or within such further time as may be granted by the Commissioner, any records, accounts, and properties of the religious institution which are in, or have come into, his possession or control, to the hereditary trustee, executive officer or fit person, as the case may be, referred to in sub-section (2);
(b) if any such non-hereditary trustee fails to comply with the provisions of clause (a), he shall, on conviction by a Metropolitan Magistrate or a Judicial Magistrate of the first class, be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees, or with both;
(c) the Magistrate referred to in clause (b), may, pending conclusion of the trial, appoint a Receiver to take possession of the records accounts and properties of the religious institution from such non-hereditary trustee and the remuneration, if any, paid to the Receiver and other expenses incurred by him shall be paid out of the income of file religious institution concerned.
62. Abolition of Regional Committees.- On and from the date of the commencement of this Act, all the Regional Committees constituted under the principal Act shall stand abolished and every member of such Committee shall, with effect on and from the said date, cease to hold office as such member.
63. Filling up of vacancies of the office of non-hereditary trustees.- Every vacancy occurring in the office of the non-hereditary trustee under sub-section (1) of section 61, shall be filled up in accordance with the provisions of the principal Act, as amended by this Act, within a period of one year from the date of the commencement of this Act or within such further period not exceeding two years, as the State Government may, by notification, specify in this behalf.
64. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of the principal Act, as amended by this Act, the State Government may, by an order published in the Tamil Nadu Government Gazette, make such provisions, not inconsistent with the provisions of the principal Act, as amended by this Act, as appear to them to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of two years from the date of the commencement of this Act.
(2) Every order made under sub-section (1) shall, as soon as possible, after it is made, be placed on the table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such order or the Assembly decides that the order should not be issued, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.
65. Transitory provision.- (1) The Temple Administration Board established under section 7 of the principal Act may authorise any officer of the Hindu Religious and Charitable Endowments (Administration) Department to exercise the powers conferred on, and to discharge the duties imposed upon, a District Committee under the principal Act, as amended by this Act, until the District Committee is constituted by the Temple Administration Board in accordance with the provisions of the principal Act, as amended by this Act.
(2) All rules made, or deemed to have been made, notifications or certificates issued or deemed to have been issued, orders passed or deemed to have been passed, decisions made or deemed to have been made, proceedings or action taken or deemed to have been taken, schemes settled or deemed to have been settled and things done or deemed to have been done by the Government, the Commissioner, a Deputy Commissioner or an Assistant Commissioner under the principal Act shall, in so far as they are not inconsistent with the principal Act, as, amended by this Act, be deemed to have been made, issued, passed, taken, settled or done by the appropriate authority under the corresponding provisions of the principal Act, as amended by this Act, and shall have effect accordingly.