Tamil Nadu act 023 of 1996 : The Tamil Nadu Hindu Religious and Charitable Endowments (Special Provisions) Act, 1996

  • Date:
Department
  • Department of Tourism, Culture and Religious Endowments Department, Government of Tamil Nadu
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WHEREAS u ildcr :he pcovicions o f t he Tamil Nzdu Hindu Religious and I I Ch:lritnbll: Endow~ncnts h c ~ , 1959 (Tamil Nadu Act 22 of 1959), the Temple , t,- -

MADRAS, MONDAY', AUGUST 26, 1996 , k 418 j

Aavani 1 1, Thadhu, Thiruvalluvar ~ s x i u - 2027

Tfie following Act afi the Tamil Nadu w l a t i v e Assembly received the d mm Pneidart 09 t h Bath August 1M and is hereby published for g a e d nfnnnation:-

Aa Act to provide for the removal of m - h M i t a r y trustees appointed und)er the

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Tamil Nadu Hindu Relig:oUs and W t a b l e Endowments Act, 1959. Ad rninis~r;~[ ion Di4rict Cii!i:mi'l cc.s and the Temple Administration Board \

I have 6:co uinpoweicd to appoint non-hereditary trustees in respect of (0

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1 AND WHEREA S in exercia-e of the said powers, the Temple Administra- ,, 1 . tion District Committees and the Temple Administrat ion Board have appointed 1 I non-fieraditary trt-stees to the rclfgious institutions; i I i I

iE AND WHEREAS discontent has beem voiced on a large scale bx the I i gcncnl p~bl ic in tIic ~natter of nppolntment of trustees and their hnctjoxt~na:

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. 112 TAMIL NADU GOVERIJMENT GAZETTE EX'I'RAORDZNAKIY'

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AND WHEREASrnview of the gcilcral 'ccling o f l l ~ . . public .!id i n public in-

:3rCbl, ~ ~ l d for the pr )per ~ ~ ~ : ~ i , l l c i ~ i ~ ~ ~ c c !,.I.: s ~ , i , ~ * I b b c i:,:. : 11: rcligid~~\ instiluiiolls, i! is conidered necess: ry to rcmove tikc 11on-Ilereditat-y

trustees so appointed and fill up the vacancies ;

BB it enacted by the Legislative Assembly of the Slate of Tamil Nadu in the Forty-sevent h year of the Republic of Indi:, as follows :--

Short title and

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' ' W O I ~ ditary tsustaas

to ceasa to hold

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1 . (1 ) This Act may be called the Tc.1 1 il Nadu Hinuu . K ~ l i ~ i o ~ ~ sand Charitable Endowments (Special Provisions) Act, 1996. (2) Tt shall bedeemed to haw come into force on the 26th day of June 1 996. 2. (1) Notwith tanding anything contained in the Tamil Nadu Hindu Religious a d Charita 1 le Endowments Act, 1959 (hereinafter referred to in this Act as the 1959 Act), every non-hereditary trustee of every religious institutio~l appointed under any of the provisions of the (1959 Act and holding office as such on the 26th day of June 1996 shall cease to hold such office on such date. Tamil N Act 22 ot (2) On and from the 26th day of June 1996, the functions of the Board of Trustees or ofthe trusteesas the case may be!of any religious institution shall, until the vacancy is filled up in accordance w~t hi be provfsions of the 1959 Act, be performed- (a) by the hereditary titrstt5C or trdstees, ifany, of such institution, and (b, :'there is no hereditary trustee of such institution, by the executive - ofF -1 or if the Government so direct , by a fit person, who shall be an &cer .of the Hindu Religious and Charitable Endowments , Administration Department, not below the rank of Inspector, appointed by the Commissioner or by a tly officer not below the rank of Assistant Commissioner, a~lthorised by the Commissioner in this behalf. J -': s* ': (3) N0twithstandin.g anything cont:! ined in the 1959 Act ,-- (a) pny [ton- hereditary trustee wl~o ceases to be such no~--hereditary .trt~slee t~ndcr sub-wctio~. ( I ) , sh211 handover, withill ? period ofien days from t:,e 26t h C:ly of June 1995, cr within such furliier liinc :.s may bc gra r.tcc! by tile Colnmissio;ler, any records, accourts and properties of the religious i nstitutiol: s, which are il-, (-,i have coin€ into, his possession or con1 rol, to 1 hc hereditary -trustee, executive officer or t11c fit person, asiiie Ca\e may be, referred tc in SL-b-section (2); (b) if any such non-hereditary trbstee fails to co~~iply withthe provi- s ,on j -~fc l~ i \e (a), ht- shall, GP conviction by J ivletropoli! ar, M~girtrate or a Judi- cial ;\/I?.gistrate of the fit st cl?ss,be punish?bly with imp~i~sonn~ent fora term wl~ich may extend to three y;ars, or with fiae whlch may exfend to five thousend rupees or with both; (c) the Magistrate raterred to 4~ clause (b), may, pending the coqclusion of the trial, gppbint a Receivbi to..take ,passlassion of tha records, aaaountq and propetties of' the religious institution from suah non-hereditary trustees a d the remuaeration, if any, paid to the Receiver asd other expensas illourred by him shall be paid out of the inaome of the religious institution conaernad . Plllf9g.W a f 3. Notwitbstandirtg anything 00ntainctd in Seation 63 of tba Tamil Nadu Hindu Tamil e m of Religious and Oharitable Endowments (Amendment) Aat, 1991, any misting ,qa 46 a 0- of vaaasay and every vaaasay ooourring in the offiae of nowhereditary trustm ullder mpwprvr seotion 2, shall be filled up in awo e wit4 the provisions qf the v58 qy 4 -f-G a miod of one year horn the ah%% hm 1996 or within &b& @$!' 'JIoI~' mt dog air mont41 as tba Sbatd Government mav, by notifhation, epeaify in t b i s b d J a

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4. (1) The Tamil Nadu Hindu Religious and Ch~ritable Endowmonts (Special R-spea~. Provisions) Ordinance, 1996 i s , hereby repealed.

repeal, anything dorle or any action taken under

s and Charitable Endowments (Speaial Provisions)

Ordinance, 19% shall be deemed to have been done cr taken under this Aat.

(2, c . 3 ~ of the Governor)

A. K. RAJAN,

Secretary to Government. Law Department.

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)-D P ~ ~ F & E D 3Y THE U ) ~ f ~ l % ~ O ~ ETA-Y MB pRINmG* ~ L F OF m~ ST OF T A M L NHXJ-

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TAMlL NADU GOVERNMENT GAZETTE EXTRAORDINARY - 229 h-

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 14th December 1999 and is hereby published for general

ir. formation :-

ACT No. 48 OF 1999. An Act lo o n ~ e t ~ d thv Totiiil Nndii Hirid11 Reli,qiolrrs ~ 1 1 ~ 1 Chari!nble Et~dowrnprits (Spc ia l Pro tpisions) Act, 1996.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fiftieth Year of the Republic of India as follows :-

1 . (I) This Act may be called the Tamil Kadu Hindu Religious and Short title and Charitable Endowments (Special Provisions) Amendment Act, 1999. cornmence- ment.

(2) It shall be deemed to have come into force on the 26th day of June 1996.

Tamil Nadu Act 2. For section 3 of the Tamil Kadu Hindu Religious and charitable Endow- Amendment of

23 of 1996. ments (Special Provisions) Act, 1996, the following section shail be substituted, section 3. namely :-

" 3. Filling up o f vacancies of the cfice of non-hereditary trustees.-Notwith- standing anything contained in section 63 of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment ) Act, 1991 (Tamil Nadu Act 46 of 1991),

every vacancy occurred in the office of non-hereditary trustee under sub-section (1) of section 61 of that Act, shall be filled up in accordance with the provisions of the 1959

Act ".

(By order of the Governor)

K. PARTHASARATHY,

Secretary to Government,

Law Department.

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