Chapter X ALIENATION OF ANY IMMOVABLE PROPERTY AND RESUMPTION OF INAM

(1) Any lease and any gift, sale exchange or mortgage of an inam land granted for the support or maintenance of charitable or religious institution or endowment or for the performance of a religious or public charity or service, shall be null and void unless any such transaction not being a gift, is effected with the prior sanction of the Government. (2) Such prior sanction may be accorded by the Government where they consider that the transaction is- (i) necessary or beneficial to the institution or endowment; (ii) in regard to the land which is an uneconomical holding for the institution or endowment to own and maintain; and (iii) the consideration thereof is adequate and proper. (3) The provisions in clause (c) of sub-section (1) of section 80 shall apply for the sale of any inam land.

(1) Where, before or after the commencement of this Act, any person has been granted a ryotwari patta in respect of any inam land given to a service holder or other employee of a charitable or religious institution or endowment for the purpose of rendering service to the institution or endowment then, notwithstanding anything to the contrary in any other law for the time being in force or in the deed of grant or of transfer or other document relating to such land, it shall be and shall be deemed never to have been granted and the lands covered by such ryotwari patta shall not be transferred and shall be deemed never to have been transferred and accordingly no right or title in such land shall vest in any person acquiring the land by such transfer and a ryotwari patta in respect of such land shall be deemed to have been granted in favour of the institution or endowment concerned and thereafter the person in possession of such land shall be deemed as an encroacher and the provisions in sections 84 and 85 shall apply. (2) No ryotwari patta holder in respect of the aforesaid land shall transfer any such land and no person shall acquire any such land either by purchase, gift, lease, mortgage, exchange or otherwise. (3) Any transfer or acquisition made in contravention of the provisions in sub-section (1) or sub-section (2) shall be deemed to be null and void. (4) The provisions of this section shall apply to any transaction of the nature referred to in sub-section (2) in execution of a decree or order of a civil court or any order of any other authority.

(1) The Revenue Divisional Officer may, either suo motu or on the application of the trustee of a charitable or religious institution or endowment or of the Commissioner or of any person having interest in the institution or endowment authorised by the Commissioner, by order, resume the whole or any portion of any such inam land referred to in section 75 on all or any of the following grounds namely:- (i) that the holder of the inam has effected a transaction which is null and void under section 75; (ii) that the charitable or religious institution or endowment has ceased to exist or the charity or service has become impossible of performance; (iii) that the holder of such inam land has failed to perform or make the necessary arrangements for performing, in accordance with the custom or usage of the institution or endowment, the charity or service for the performance of which the inam land was granted. (2) (a) Before passing an order under sub-section (1), the Revenue Divisional Officer shall give notice to the trustee, to the Commissioner, to the holder of the inam land, to the person in possession of the inam land where he is not the holder thereof and to the alienee, if any, of the inam land and also publish a copy of the notice in such manner as may be prescribed, which publication shall be deemed to be sufficient notice to every other person likely to be affected by such order; and consider the objections, if any, after holding such inquiry as may be prescribed; (b) Where only a portion of the inam land is affected, notice shall be given under clause (a) to the holder of such portion as well as to the holder or holders of the other portion or portions to the person in possession of every such portion, where he is not the holder thereof, and to the alienee, if any, of every such portion and the objections of all such persons shall be considered by the Revenue Divisional Officer. (3) A copy of every order passed under sub-section (1), shall be communicated to each of the persons mentioned in sub-section (2) and shall also be published in the manner prescribed. (4) (a) Where any inam land or portion thereof is resumed under this section, the Revenue Divisional Officer shall, by order, grant a ryotwari patta in respect of the inam land or portion thereof to the charitable or religious institution concerned; and where the resumption is made on the ground specified in item (ii) of sub-section (1) to any such charitable or religious institution as the Commissioner may recommend. (b) The order granting the ryotwari patta under clause (a) shall, on application made to the Revenue Divisional Officer within the time prescribed, be executed by him in accordance with such rules as may be made in this behalf. (5) Pending the resumption of an inam land or portion thereof under this section on the ground specified in item (iii) of sub- section (1), the Revenue Divisional Officer may direct the person in possession of the inam land or portion thereof, to pay to the trustee, the expenses incurred or likely to be incurred for the performance of the charity or service to the institution or endowment. In default of such payment, the Revenue Divisional Officer may pass an order or make such arrangement as he considers necessary for the performance of the charity or service; and the expenses incurred therefor shall be recovered from the person in possession of the inam land or portion thereof, as if they were arrears of land revenue.

(1) Any person aggrieved by an order of the Revenue Divisional Officer under sub-section (1) of section 77 may appeal to the District Collector within such time as may be prescribed, and on such appeal, the District Collector may, after giving notice to the Commissioner and each of the persons mentioned in sub-section (2) of that section and after holding such inquiry as may be prescribed, pass an order confirming, modifying or cancelling the order of the Revenue Divisional Officer. (2) The order of the District Collector on such appeal or the order of the Revenue Divisional Officer under sub-section (1) of section 77 where no appeal is preferred, shall be final, and shall not be liable to be questioned in any Court of law.

No immovable property shall be purchased for or on behalf of any charitable or religious institution or endowment except with the prior sanction of the Commissioner and the Commissioner shall not accord such sanction unless he considers that such property is necessary or beneficial to the institution or endowment and that the price proposed to be paid therefor is not excessive: Provided that before such sanction is accorded, the particulars relating to the proposed transaction shall be published in the Andhra Pradesh Gazette inviting objections and suggestions with respect thereto and all objections and suggestions received from the trustee or other person having interest shall be duly considered by the Commissioner.

(1) (b) respect thereto and considering all objections and suggestions, if any received from the trustee or other person having interest, accord such sanction where he considers that the transaction is- (i) prudent and necessary or beneficial to the institution or endowment; (ii) in respect of immovable property which is un-economical for the institution or endowment to own and maintain; and (iii) the consideration therefor is adequate and proper. (c) Every sale of any such immovable property sanctioned by the Commissioner under clause (b) shall be effected by tender-cum-public auction in the prescribed manner subject to the confirmation by the Commissioner within a period prescribed: Provided that the Government may, in the interest of the institution or endowment and for reasons to be recorded therefor in writing, permit the sale of such immovable property, otherwise than by public auction: Provided further that the Government may purchase the lands situated in Scheduled Areas belonging to institutions or endowments, wherever necessary, otherwise than by public auction and assign such lands to the members of the Scheduled Tribes. Explanation:- In this section, the expression ‘’Scheduled Tribe’’ shall have the meaning assigned to it in clause (25) of article 366 of the Constitution and the expression ‘’Scheduled Area’’ shall have the meaning assigned to it in sub-paragraph (1) of paragraph 6 of the Fifth Schedule to the Constitution of India. (2) (a) No lessee, mortgagee with possession or licencee, of any land or building belonging to the institution or endowment and which is appurtenant to or which adjoins the institution or endowment or any tank, well, spring or water course appurtenant to the institution or endowment whether situated within or outside the prakarams, mandapams, court-yards or corridors of the institution or endowment, shall make use of the land, building or space so as to mar the artistic appearance or view or the religious atmosphere of the institution or endowment. The Commissioner, shall, by order and for reasons to be recorded therein, terminate or cancel the lease, mortgage, or licence, as the case may be, of any person who contravenes the aforesaid provision, after giving the person an opportunity of making his representation against the proposed termination or cancellation and require such person to deliver possession of the land, building or space, as the case may be, to the trustee before the date specified in the order. (b) Where such person fails to deliver possession as aforesaid, before the date specified, the Commissioner may direct the Deputy Commissioner concerned to take action under the provisions of Chapter-XI. (c) Nothing in this sub-section shall be construed as disentitling the person who is dispossessed of any property under this sub-section from recovering any amount which is lawfully due to him from the institution or endowment under the lease, licence or mortgage, as the case may be. (3) The utilisation or investment of the amount realised by any transaction under sub-section (1) and in the case of a mortgage, the discharge of the mortgage within a reasonable period, shall be made by the trustee, subject to the approval of the Commissioner. (4) A copy of the order made by the Commissioner under this section shall be communicated to the Government and to the trustee and shall be published in such manner as may be prescribed. (5) The trustee may, within ninety days from the date of the communication of the order under sub-section (4), and any person having interest may, within ninety days from the date of publication of such order, prefer an appeal to the Government to modify the order or set it aside. (6) Notwithstanding anything contained in the first proviso to clause (c) of sub-section (1), the Government may call for and examine the record of the Commissioner in respect of the order passed by him under this section to satisfy themselves as to the legality or correctness of such order or regularity or propriety thereof and if, in any case it appears to the Government that such order should be modified, annulled, reversed or remitted for reconsideration, they may pass order accordingly: Provided that the Government shall not pass any order prejudicial to any party unless he has had an opportunity of making his representation. (7) The Government may stay the execution of any such order pending the exercise of their powers under sub-section (6) in respect thereof. (8) Nothing in this section shall apply to the leasing or licensing of any land or building or space mentioned in sub-section (2) for the purpose of providing amenities to pilgrims or of vending flowers or other articles used for worship or of holding for specified periods, fairs or exhibitions during festivals connected with the institution or endowment.

Where before the commencement of this Act, any sale, exchange, or mortgage of any immovable property belonging to any charitable or religious institution or endowment is effected, without the prior sanction of the Commissioner or Government, such transaction shall be null and void and shall be deemed never to have been effected and accordingly no right or title in such property shall vest in any person acquiring the property by such transaction and any such property shall be deemed to be the property of the institution or endowment concerned and any person in possession of such property shall be deemed to be an encroacher and thereafter the provisions of sections 84 and 85 shall apply.

(1) Where the Assistant Commissioner having jurisdiction, either suo motu or upon a complaint made by the trustee has reason to believe that any person has encroached upon (hereafter in this Chapter referred to as ‘encroacher') any land, building, tank, well, spring or water-course or any space belonging to the institution or endowment, wherever situated or deemed as an encroacher under any of the provisions of this Act, the Assistant Commissioner shall report the fact together with relevant particulars to the Endowments Tribunal having jurisdiction over the division in which the institution or endowment is situated. Explanation:- For the purpose of this Chapter the expression ‘encroacher' shall mean any person who unauthorisedly occupy any land or building or space and deemed to include any person who is in occupation of the land or building or space without the approval of the competent authority sanctioning lease or mortgage, or licence and also a person who continues to remain in the land or building or space after the expiry or termination or cancellation of the lease, mortgage or licence in respect thereof granted to him or it. (2) Where, on a perusal of the report received by him under sub-section (1), the Endowments Tribunal finds that there is a prima facie case of encroachment, it shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling on him to show cause before a certain date why an order requiring him to remove the

(1) Where within the period specified in the order under sub-section (4) of section 83, the encroacher has not removed the encroachment and has not vacated the land, building or space, the Assistant Commissioner having jurisdiction over the sub-division may remove the encroachment and obtain possession of the land, building or space, encroached upon, taking such police assistance as may be necessary. Any Police Officer whose help is required for this purpose shall be required to render the necessary help to the Assistant Commissioner. (2) Nothing in sub-section (1) shall prevent any person aggrieved by order of the Endowments Tribunal under sub-section (4) of section 83 from instituting preferring an appeal before the High Court to establish that the charitable or religious institution or endowment has no title to the land, building or space: Provided that no appeal shall be preferred after expiry of ninety days from the date of receipt of the order under sub-section (4) of section 83: Provided further that no such appeal shall be preferred by a person who is let into the possession of the land, building or space, or who is a lessee, licencee or mortgagee, of the institution or endowment.

(1) Where the Deputy Commissioner knows or has reason to believe that a group or groups of persons, without any entitlement and with the common object of occupying any land, which is the property belonging to charitable or religious institution or endowment, are occupying or have occupied any such land and if such group or groups of persons have not vacated the land on demand by the Deputy Commissioner or any officer authorized by him in this behalf, he shall make an application to the Endowments Tribunal having jurisdiction over the area in which the institution or endowment is situated for eviction of encroachers. (2) Where, in any proceedings taken under this section, or in consequence of anything done under this section, a question arises as whether any land is the property of the charitable or religious institution or endowment, such land shall be presumed to be the property of the charitable or religious institution or endowment until the contrary is proved. (3) Notwithstanding anything in this Act, any order of eviction passed by the Endowments Tribunal under subsection (1) shall be final and shall not be questioned in any Court.

(1) Any person who, on or after the commencement of this Act continues to be in occupation, otherwise than by lawful possession, of a land belonging to a charitable or religious institution or endowment shall be guilty of an offence under this Act. (2) Whoever contravences the provisions of sub-section (1), shall on conviction be punished with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine which may extend to Rs. 5,000. (3) No Court shall take cognizance of an offence punishable under sub-section (2) except on the complaint in writing of the Commissioner. (4) No offence punishable under sub-section (2), shall be inquired into or tried by any court inferior to that of a Magistrate of the First Class.

(1) The Endowments Tribunal having jurisdiction shall have the power, after giving notice in the prescribed manner to the person concerned, to enquire into and decide any dispute as to the question- (a) whether an institution or endowment is a charitable institution or endowment; (b) whether an institution or endowment is a religious institution or endowment; (c) whether any property is an endowment, if so whether it is a charitable endowment or a religious endowment; (d) whether any property is a specific endowment; (e) whether any person is entitled by custom or otherwise to any honour, emoluments or perquisites in any charitable or religious institution or endowment and what the established usage of such institution or endowment is in regard to any other matter; (f) whether any institution or endowment is wholly or partly of a secular or religious character and whether any property is given wholly or partly for secular or religious uses; or (g) where any property or money has been given for the support of an institution or endowment which is partly of a secular character and partly of religious character or the performance of any service or charity connected with such institution or endowment or the performance of a charity which is partly of a secular character and partly of a religious character or where any property or money given is appropriated partly to secular uses and partly to religious uses, as to what portion of such property or money shall be allocated to secular or religious uses. (h) Whether a person is a founder or a member from the family of the founder of an Institution or Endowment. (2) The Endowments Tribunal may, pending his decision under sub-section (1), pass such order as he deems fit for the administration of the property or custody of the money belonging to the institution or endowment. (3) The Endowments Tribunal may while recording its decision under sub-section (1) and pending implementation of such decision, pass such interim order as it may deem fit for safeguarding the interests of the institution or endowment and for preventing damage to or loss or misappropriation or criminal breach of trust in respect of the properties or moneys belonging to or in the possession of the institution or endowment. (4) The presumption in respect of matters covered by clauses (a), (b), (c), (d) and (e) in sub-section (1) is that the institution or the endowment is a public one and that the burden of proof in all such cases shall lie on the person claiming the institution or the endowment to be private or the property or money to be other than that of a religious endowment or specific endowment, as the case may be. (5) Notwithstanding anything contained in the above sub-sections the Deputy Commissioner having jurisdiction shall continue to enquire into and decide the disputes referred to in sub-section (1) until the constitution of the Endowments Tribunal.

Any person aggrieved by the decision of the Endowments Tribunal under section 87 and section 119 may, within ninety days from the date of receipt of the decision prefer an appeal to the High Court.

(1) No suit, application or appeal pending before a court which relates to charitable or religious institution or endowment, shall be withdrawn or compromised by the trustee or other person incharge of the management of such institution or endowment except with the previous sanction of the Commissioner. (2) Where the Commissioner considers that any claim, demand, or cause of action for suing in respect of the affairs, funds, or properties of the charitable or a religious institution or endowment shall, in the interests of the institution or endowment be compromised without instituting or without continuing any suit or other legal proceeding and if the other party to such suit or other legal proceedings is willing to enter into a compromise under the terms and conditions which the Commissioner considers acceptable in the interest of the institution or endowment, the Commissioner may, for reasons to be recorded in writing pass an order directing the trustee or other person referred to in sub-section (1) to enter into such compromise. Provided that the Commissioner shall pass an order after taking into consideration the recommendations of the committee of the three officers drawn from Endowments, Revenue and Law Department to be constituted for this purpose.

(1) Any person aggrieved may, within ninety days from the date of receipt by him of an order, appeal against such order where it is passed by - (i) the Commissioner under sub-section (4) of section 25, sub-section (1) of section 28, sub-section (2) or sub-section (3) of section 61, sub-section (1) of section 66 and sub-sections (1) and (2) of section 73, to the Government;

The High Court may call for the record of any case – (i) which has been decided by a court and in which no appeal lies thereto; (ii) which has been decided by the District Court in an appeal under section 88; (iii) which has been decided by the Government in an appeal under section 90; or (iv) which has been decided by the Government under sub-section (1) of section 28. If such court or the Government appears - (a) to have exercised a jurisdiction not vested in it or them by law; (b) to have failed to exercise a jurisdiction so vested; or (c) to have acted in the exercise of its or their jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit.

(1) The Commissioner may either suo motu or on the application, call for and examine the record of any Deputy Commissioner or Assistant Commissioner, or of any other Officer subordinate to him or of any Executive Officer or any trustee of a charitable or religious institution or endowment, other than a math or a specific endowment attached to a math, in respect of any administrative or quasi-judicial decision taken or order passed under this Act, but not being a proceeding in respect of which a suit or an appeal or application, or reference to a Court is provided by this Act to satisfy himself as to the correctness, legality or propriety of such decision or order taken or passed, and if in any case, it appears to the Commissioner that such decision or order should be modified, annulled, reversed or remitted for reconsideration, he may pass orders accordingly. (2) The Commissioner shall not pass any order prejudicial to any party under sub-section (1), without giving him an opportunity for making representation. (3) The Commissioner may stay the execution of any decision or order of the nature referred to in sub-section (1) pending the exercise of his powers under the said sub-section in respect thereof. (4) Every application to the Commissioner for the exercise of his powers under this section shall be preferred within ninety days from the date on which the order or proceeding to which the application relates was received by the applicant.

(1) The Government may either suo motu or on an application call for and examine the record of the Commissioner or any Deputy Commissioner or any Assistant Commissioner or any other Officer subordinate to them, or of any Executive Officer or any trustee of a charitable or religious institution or endowment, other than a math or specific endowment attached to a math, in respect of any administrative or quasi-judicial decision taken or order passed under this Act, but not being a proceeding in respect of which a suit or an appeal or application, or a reference to court is provided by this Act, to satisfy themselves as to the correctness, legality or propriety of such decision or order taken or passed, and if in any case, it appears to the Government that such decision or order should be modified, annulled, reversed or remitted for reconsideration, they may pass orders accordingly: Provided that the Government shall not pass any order prejudicial to any party unless he has had an opportunity of making his representation. (2) The Government may stay the execution of any such decision or order pending the exercise of their powers under sub-section (1) in respect thereof. (3) No application to the Government for the exercise of their power under this section shall be made in respect of any matter unless an application had already been made in respect of the same matter to the Commissioner under section 92 and had been disposed of by him. (4) Every application to the Government for the exercise of their powers under this section shall be made within ninety days from the date on which the decision or order to which the application relates was received by the applicant.

The Government may either suo motu, or on an application from any person interested made within ninety days of the passing of an order under section 93, review any such order if it was passed by them under any mistake, whether of fact or of law, or in ignorance of any material fact. The provisions in the proviso to sub-section (1) and sub-section (2) of section 93, shall also apply to any proceeding under this section.

(1) The provisions of this Chapter shall apply only to the Tirumala Tirupathi Devasthanams. (2) The other provisions of this Act shall, subject to the provisions of this Chapter, apply- (i) to the Tirumala Tirupathi Devasthanams which shall be constituted into a single religious institution for the purpose of inclusion in the list published under clause (a) of section 6; (ii) to every specific endowment attached either to the said Devasthanams as a whole or to any Temple or institution thereof; as if all powers and functions assigned therein to a Deputy Commissioner or an Assistant Commissioner had been assigned to the Commissioner instead.

(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 twenty nine members including the Chairman, to be appointed by the Government, of whom :- (i) the Principal Secretary or Secretary, Revenue in-charge of endowments shall be a member ex-officio; (i – a) the commissioner of endowments shall be a member ex-officio; (i-b) the Chairman, Tirupathi Urban Development constituted under the Andhra Pradesh Urban Areas (Development) Act, 1975 (Act 1 of 1975) 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 : (vi) one shall be prominent person with a long track record of philanthropy and support to Hindu Religious Institutions. 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. Provided also that the members mentioned at clauses (iv), (v) and (vi) shall hold office during the pleasure of the Government. (2) The persons appointed as members under sub-section (1) shall be persons professing Hindu religion. Explanation:- In this section the expression ‘’Scheduled Caste’’ shall have the meaning assigned to it in clause (24) of article 366 of the Constitution of India.

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 safety measures to be undertaken for, the pilgrims, devotees and worshippers resorting to Tirumala Tirupathi Devasthanams.

(i) The provisions of sections 18 and 19 shall as far as may be apply in relation to the office of the 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 subject to the pleasure of the Government from the date of appointment by the Government.

The Chairman or member shall not receive or be paid any salary or other remuneration from the funds of the Tirumala-Tirupathi Devasthanams, except such honororium or compensatory allowance or travelling, daily and conveyance allowances as may be prescribed.

The Chairman or any member, other than an ex-officio member may resign his office as the Chairman or member by giving notice in writing to the Executive Officer and his office shall become vacant from the date of acceptance of the same by the Government.

(1) A member shall cease to hold office as such member if he has absented himself from three consecutive meetings of Board or Committee, without obtaining the prior permission of the Chairman therefor. (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.

(1) The Government may, for good and sufficient reason, suspend or remove the Chairman or a member, other than an ex-officio member, after giving him an opportunity of showing cause against such suspension or removal and after considering explanation offered therefor. (2) Pending the passing of an order under sub-section (1), the Government may suspend the Chairman or the member.

(1) Where the Chairman or a member becomes subject to any disqualification specified in section 19 or tenders resignation of his office and the same is accepted by the Government under section 101 or ceases to be such member under section 102 or is removed under section 103, his office shall become vacant. (2) Where a causal vacancy occurs as specified in sub-section (1) or otherwise, the Government may fill the vacancy by appointing another person as Chairman or member in his place in accordance with the provisions of this Chapter and such Chairman or member shall hold office only for the residue of the term of office of his predecessor.

(1) Where at any time it appears to the Government that the Board or Committee has failed to perform its functions or has exceeded or abused any of the powers conferred upon it by or under this chapter, the Government may, on the recommendation of the Commissioner, by notification published in the Andhra Pradesh Gazette, dissolve the Board or Committee from such date as may be specified therein and constitute another Board or Committee afresh in accordance with the provisions of this chapter. (2) Before issuing a notification under sub-section (1), the Government shall communicate to the Executive officer who is the ex-officio member-Secretary of the Board or Committee the grounds on which they propose to do so, fix a reasonable time to enable the Board or Committee to show cause against the proposal and consider its explanation or objection, if any. (3) On receipt of such communication under sub-section (2), the Executive Officer shall place the matter before an extraordinary meeting of the Board or Committee specially convened for the purpose and communicate the explanation or objection of the Board or Committee within the time fixed by the Government in that behalf. (4) The Government may on consideration of the explanation or objection of the Board or Committee dissolve the Board or Committee and cause all or any of the powers and functions of the Board or Committee to be exercised or performed by the Commissioner and Executive Officer, until the Board or Committee is reconstituted in accordance with the provisions of this Chapter. (5) With effect from the date specified for the dissolution of the Board or Committee all its members including the Chairman shall forthwith be deemed to have vacated their office as such.

(1) Subject to the provisions of section 107, the Government shall appoint an Executive Officer, a Joint Executive Officer, a Special Grade Deputy Executive Officer, a Financial Advisor, a Chief Accounts Officer, a Chief Engineer, a Chief Security Officer and any other Officer. (2) Every officer appointed under sub-section (1), shall be a person prefessing Hindu Religion. (3) The conditions of the service of the officers appointed under sub-section (1) shall be such as may be determined by the Government. (4) Every officer appointed under sub-section (1), shall be a whole time Officer of the Tirumala Tirupathi Devasthanams and shall not undertake any work unconnected with his office without the permission of the Committee. (5) Any officer appointed under sub-section (1) shall be paid out of the funds of the Tirumala Tirupathi Devasthanams such salary as may, from time to time, be fixed by the Government, having regard to the pay to which he is eligible in the service of which he was a member before his appointment as such.

(1) A person to be appointed as Executive Officer shall be one who is holding or has held a post of the District Collector or a post not lower in rank than that of a District Collector in any other service in the State. (2) A person to be appointed as Joint Executive Officer shall be one who is holding or has held a post of a Joint District Collector or a post not lower in rank than that of a Joint District Collector in any other service in the State. (3) A person to be appointed as Special Grade Deputy Executive Officer shall be one who has been holding or has held a post of a Deputy Executive Officer in the service of the Tirumala-Tirupathi Devasthanams for a period not less than three years. (4) A person to be appointed as a Financial Advisor, and Chief Accounts Officer, a Chief Engineer, a Chief Security Officer and any other Officer shall be one possessing such qualifications as may be prescribed.

The Executive Officer or a Joint Executive Officer appointed under sub-section (1) of section 106 shall hold office for a term of three years and he shall also be eligible for reappointment for another term.

(1) (a) The Executive Officer shall be the Chief Administrative Officer of the Tirumala-Tirupathi Devasthanams and shall, subject to the guidance and control of the Committee, have general power to carry out the other provisions of this Chapter. (b) He shall be responsible for the proper maintenance and custody of the records and properties of the Tirumala- Tirupathi Devasthanams and shall arrange for the proper collection of the offerings made in the temples specified in the First Schedule.

(1) The Executive Officer may, in case of emergency direct execution of any work or the doing of any act, which is not provided for in the budget for the Year and the immediate execution or the doing of which is in his opinion, necessary for the preservation of the properties of the Tirumala-Tirupathi Devasthanams or for the service or safety of the pilgrims resorting to the Tirumala-Tirupathi Devasthanams and may also direct that the expenses of executing such work or doing the act shall be paid, from the fund of the Tirumala-Tirupathi Devasthanams. The Executive Officer shall forthwith report to the Committee the action taken under this section and the reasons therefor.

(1) The Tirumala-Tirupathi Devasthanams shall have its own funds, the corpus of which shall include all the amounts received by it by way of donations, gifts, kanukas including offerings deposited in Hundis and any income from any other source and all payments by Tirumala-Tirupathi Devasthanams shall be made from the said funds. (2) The said funds shall be operated by an officer or officers authorised by the Committee in such manner and subject to such conditions as may be prescribed. (3) All monies belonging to the funds of the Tirumala-Tirupathi Devasthanams shall be deposited in such Bank or Treasury or be invested in such securities in accordance with such guidelines as may be issued by the Government in this behalf. (4) The funds of Tirumala-Tirupathi Devasthanams may be utilised for all or any of the following purposes and also for any other purpose permitted by any other provisions of this Act,- (i) the maintenance, management and administration of the temples specified in the First Schedule and the endowments and the properties thereof including the conduct or performance of religious rituals, functions and festivals connected therewith; (ii) the maintenance, management and administration of the educational or other institutions specified in the Second Schedule and the endowments and the properties thereof: Provided that the Government may, by notifications published in the Andhra Pradesh Gazette alter, add to, or omit any of the items in the said Schedules; (iii) propagation of Hindu religion by way of printing and publication of literature on religion and sale thereof at concessional price; (iv) propagation, promotion and popularisation of study of vedas, Hindu religion, philosophy or sastras, Indian Languages including Sanskrit, Sculpture, Hindu temple architecture and opigraphy; (v) training of archakas to perform religious worship and ceremonies and the training of adhyapakas and Vedaparayanikas; (vi) construction and maintenance of choultries and rest houses for the use and accommodation of the pilgrims; (vii) provision of water supply and other sanitary arrangements to the pilgrims and the worshippers; (viii) establishment and maintenance of hospitals and dispensaries for the relief of the pilgrims and worshippers visiting the temples; (ix) construction and maintenance of roads and communications and the lighting thereof for the convenience of the pilgrims and worshippers; (x) acquisition of any land or other immovable property for the purpose of the Tirumala-Tirupathi Devasthanams, if such acquisition is authorised by the Government; (xi) establishment and maintenance of dairy farm and a veterinary hospital for the animals of the Tirumala-Tirupathi Devasthanams; (xii) any work or undertaking for purposes of the Tirumala-Tirupathi Devasthanams, authorised by the Government; and (xiii) any other religious or charitable purposes connected with or incidental to the Tirumala-Tirupathi Devasthanams as may be prescribed. (5) The Tirumala-Tirupathi Devasthanams shall every year, out of its funds set apart a sum of not less than rupees seven lakhs towards the maintenance of Sri Venkateswara University and Sri Padmavathi Mahila viswa Vidhyalayam. (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 Tirumala-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.

(1) It shall be lawful for the Committee to establish an institution called "the Hindu Dharma Prachara Parishad" and to set apart every year out of its funds a sum not less than rupees one lakh for the maintenance of the said Parishad. (2) Upon such establishment of the said Parishad, the Hindu Dharma Rakshana Samstha established under sub-section (1) of section 24 of the Tirumala-Tirupathi Devasthanams Act, 1979 (Act 20 of 1979) shall stand abolished and the funds standing be its credit and other assets of the said Samstha shall thereupon vest with the Hindu Dharma Prachara Parishad established under sub-section (1). (3) The objects of the said Hindu Dharma Prachara Parishad shall include - (i) promotion and propagation of the Hindu Dharma; (ii) the establishment and maintenance of institutions for imparting instructions in the Hindu Dharma; (iii) preparation, publication and dissemination of literature relating to the Hindu Dharma; (iv) training of dharmacharyas, dharmapracharakas and such other personnel as may be required for propagation of the Hindu Dharma; (v) establishment and maintenance of institutions for imparting training in vedas, Agamas and Powrohityam and for conducting examinations for awarding certificates in Veda, Agama and Powrohityam; (vi) any other purpose connected with or incidental to the aforesaid objects. (4) Subject to such rules as may made by the Government in this behalf, the Board of Committee may make regulations for the purpose of carrying out the purposes aforesaid. (5) in order to advise the said parishad, it shall be lawful for the Board to continue a body called “Tirumala Tirupathi Devasthanams Sanathana Dharma Prachara Sadas” comprising of heads of different Hindu Mutts, prominent Hindu Charitable Trusts, Organization and other individuals in a manner may be prescribed.

(1) It shall be lawful for the Committee to establish an institution to be called "Sri Venkateswara Sistacharya Vidya Samstha" and to make a foundation grant of such sum as it may think fit for the said purpose in the name of the said Samstha, the interest accrued from the proceeds of which may be utilised for the purposes of the Samstha. (2) The object of the said Samstha shall include - (i) the running of Gurukulas for imparting Vedic knowledge in the traditional manner; (ii) the implementation of Niyamadhyayana and Kumaradhyayana schemes of imparting Vedic knowledge; (iii) the running of an upto date high level institute of Vedic learning and research; (iv) the giving of financial aid to indigent Vedic Schools and indigent Veda Scholars or Veda Pandits; (v) the selection and training of Veda Pandits for the various Vedaparayana schemes of Tirumala-Tirupathi Devasthanams; (vi) generally to attend to all matters pertaining to the preservation and propagation of Vedic studies by the Tirumala-Tirupathi Devasthanams; and (vii) any other matter incidental and relevant to Vedic studies or Vedic knowledge.

(1) The Government may, from time to time, notify in the Andhra Pradesh Gazette the limits of the Tirumala Hills area for the purposes of civic administration. (2) (a) The Government may, by notification in the Andhra Pradesh Gazette declare that any of the provisions of the Andhra Pradesh Gram Panchayats Act, 1964 (Act 2 of 1964) or of the Andhra Pradesh (Andhra Area) Public Health Act, 1939 (Act III of 1939) and the rules made thereunder shall be extended to, and be in force in the Tirumala Hills area as notified under sub-section (1) with such modifications not affecting the substance as may be necessary or proper for the purpose of adopting them to the Tirumala Hills area; and any such notification may likewise be cancelled or modified by a subsequent notification. (b) Without prejudice to the generality of the foregoing provisions, - (i) the Tirumala Hills area as notified under sub-section (1) shall be deemed to be a village for the purposes of the Andhra Pradesh Gram Panchayats Act, 1964 (Act 2 of 1964) and a local area for the purposes of the Andhra Pradesh (Andhra Area) Public Health Act, 1939 (Act III of 1939); (ii) all references to a Gram Panchayat, the Sarpanch, Executive Officer or Executive authority thereof in the Andhra Pradesh Gram Panchayats Act, 1964 (Act 2 of 1964); and all references to a local authority, executive authority or Executive Officer in the Andhra Pradesh (Andhra Area) Public Health Act, 1939 (Act III of 1939), shall subject, to the provisions of sub-clauses (iii) and (iv) be construed as references to the Executive Officer in the said Tirumala Hills area; (iii) any appeal provided for by or under the Andhra Pradesh Gram Panchayats Act, 1964 (Act 2 of 1964), from an order or decision of the Sarpanch, executive authority or Executive Officer of a Gram Panchayat to the Gram Panchayat, shall lie instead to the Commissioner of Panchayati Raj; (iv) any appeal provided for by or under the Andhra Pradesh (Andhra Area) Public Health Act, 1939 (Act III of 1939) from an order or decision of the executive authority or Executive Officer of a local authority to the local authority, shall lie instead to the Director of Medial and Health Services. (3) (a) Subject to such rules as may be prescribed, it shall be lawful for the Executive Officer by order to prohibit within the Tirumala Hills area notified under sub-section (1) or within the premises of the Tirumala Tirupathi Devasthanams, specified in the First Schedule as the case may be,- (i) begging by any person; (ii) straying of any cattle, pigs or dogs; (iii) possession, use or consumption of any intoxicating liquor or drug or cigarettes including beedies and chuttas; (iv) possession, preparation or consumption of meat or other food-stuffs containing meat; (v) slaughter, killing or maiming any animal or bird for any reason; (vi) gaming with cards, dice, counters, money or other instruments of gaming;

(1) Where the Committee by a resolution passed in that behalf requests the Government to take over or arrange for the transfer to any other authority of the control and management of any educational or other institutions specified in the Second Schedule, the Government may, by notification published in the Andhra Pradesh Gazette, take over itself or transfer to any local or other authority the control and management of any or all of the educational or other institutions specified in the Second Schedule from such date as may be specified in the said notification; and from the date so notified it shall be open to the Government or the local or other authority, as the case may be, to control and manage the said educational or other institution and all the properties and assets of the Tirumala Tirupathi Devasthanams pertaining to or intended to be used for, every such educational or other institution shall stand transferred to, and vest in the Government or the local or other authority, as the case may be, free from all encumbrances.

(2) Notwithstanding any contract or agreement or any law for the time being in force, every teacher or other person employed in any of the said educational or other institutions immediately before the date on which the control and management thereof is taken over by the Government or the local or other authority shall as from the said date be deemed to be an employee of the Government or such local or other authority and shall hold office on the same remuneration and upon the same terms and conditions and with the same rights and privilleges as to pension, gratuity and other matters as he would have held under the Tirumala Tirupathi Devasthanams until his remuneration, terms and conditions of service are duly altered by the Government:

Provided that every such employee shall, within a period of three months or such other period beyond three months as may be specified by the Government by a notification published in the Andhra Pradesh Gazette, from the date of taking over of the control and management of the educational or other institutions exercise his option either to be retrenched from the service on receipt of such retrenchment benefits as may be prescribed or to be absorbed in the service of the Government or local or other authority, as the case may be, with effect from the said date and shall be governed by the terms and conditions governing the said service which shall not be less favourable than those applicable to such employee prior to the said date.

(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;

(2) The Government may sanction the budget with such modifications, if any, as they may deem fit.

(3) If, for any reason, the budget is not sanctioned by the Government before the end of March of the said year, the Committee shall be competent to incur for each of the months of April and May of the following financial year an expenditure equivalent to one-twelfth of the expenditure provided under each head, for the said year.

(4) The Committee shall be competent to reappropriate such amount, as may be necessary, from one head of account to another head of account, subject to the condition that the amount so reappropriated under each head of account shall not exceed the amount originally sanctioned in the budget for the said year by more than fifteen percentum under that head of account without prior approval of the Government:

Provided that a report regarding the reappropriation of any amount as aforesaid shall be forwarded to the Government for their ratification before the prescribed date.

(5) The Committee may forward a supplementary budget for sanction of the Government in such form and before such date as may be prescribed and the provisions of sub-sections (2) and (4) shall apply to such supplementary budget.

(6) (a) Every budget shall make an adequate provision for – (i) the due performance of the objects of the Tirumala Tirupathi Devasthanams and the proper performance of and the remuneration for the services therein including the dittam for the time being in force; (ii) the due discharge of all liabilities and subsisting commitments binding on the Tirumala Tirupathi Devasthanams; (iii) the maintenance of the working balance; (iv) the arrangement to be made for securing the health, safety or convenience of the pilgrims, worshippers or other persons resorting to the Tirumala Tirupathi Devasthanams: Provided that the provision made under this item shall not be less than forty percentum of the balance of the income for the financial year maintained after making provision for items (i), (ii) and (iii) above; (v) the contribution to the reserve fund of the Tirumala Tirupathi Devasthanams at ten per centum of balance referred to in the proviso to item (iv) above; (vi) the construction, repair, renovation and improvement of the Tirumala Tirupathi Devasthanams and the buildings connected therewith: Provided that the provision made under this item shall not be less than thirty per centum of the balance of income for the financial year maintained after making provision for items (i), (ii), (iii) and (iv) above. (b) The budget shall also make provision for the payment of an amount of five percentum of the annual income as referred to under section 65 or rupees one crore twenty five lakhs whichever is higher to the common good Fund created under section 70.

(1) The Financial Advisor and Chief Accounts Officer shall keep regular accounts of all receipts and disbursements for each financial year separately in such form and containing such particulars as may be prescribed.

(2) (a) The accounts of the Tirumala Tirupathi Devasthanams shall be audited annually or if the Government so directs in any case at short intervals.

(b) The audit referred to in clause (a) shall be made by auditor appointed by the Government for the purpose and the auditor shall send a report to the Government containing such particulars as may be prescribed.

Encroachment - The provisions in sections 83, 84, 85 and 86 shall apply to Tirumala Tirupathi Devasthanams and the powers therein shall be exercised by the Endowments Tribunal.

Enquiries - The provisions in section 87 shall apply to Tirumala Tirupathi Devasthanams and the powers therein shall be exercised by the Endowments Tribunal”.

Appeals - Any person aggrieved may, within ninety days from the date of receipt by him of an order, appeal against such order, where it is passed by- (i) the Joint Executive Officer or Executive Officer under any provision of this chapter or any rules made thereunder, to the Committee. (ii) the Committee under any provision of this chapter or any rules made thereunder, to the Government: Provided that where an appeal against an order of the Executive Officer is being heard by the Board of Committee, the Executive Officer shall not participate in the deliberations of the Committee in relation to the said appeal.

Revision - (1) The Government may, either suo motu or on an application call for and examine the records from the Board or Committee or the Commissioner in respect of any administrative or quasi judicial decision taken or order passed under this chapter to satisfy themselves as to the correctness, legality or propriety of such decision or order taken or passed and if in any case it appears to the Government that such decision or order should be modified, annulled, reversed or remitted for consideration they may pass orders accordingly: Provided that every application to the Government for the exercise of the powers under this section shall be preferred within ninety days from the date on which the decision or order to which an application relates was communicated to the applicant: Provided further that the Government shall not pass any order adversely affecting any person unless such person has been given an opportunity of making his representation. (2) The Government may stay the execution of any such decision or order pending the exercise of their powers under sub-section (1) in respect thereof.

Review - (1) The Government may either suo motu or on an application from any person interested made within ninety days of the passing of the order under section 120 or section 121, review any such order if it was passed by them under any mistake, whether of fact or of law or in ignorance of any material fact: Provided that the Government shall not pass any order adversely affecting any person unless such person has been given an opportunity of making his representation. (2) The Government may stay the execution of any such decision or order, pending the exercise of their powers under sub-section (1) in respect thereof.

Right of pre-emption No person owing 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 indicated by the applicant, being those offered to the third party, the applicant shall enter into the necessary contract with Tirumala Tirupathi Devasthanams.

Oath of office - Before the Chairman or a member of the Board or Committee enters upon his office, the Executive Officer or any other officer authorised by him in this behalf shall administer to the Chairman or member the oath of office and secrecy as may be prescribed.

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 Devashanams, during theat 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.

Meeting of the Board or Committee - (1) Every meeting of the Board or Committee shall be presided over by the Chairman and in his absence by the Commissioner. (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 hall be two of which one shall be the Chairman or the commissioner”; (3) All decisions at the meeting of the Board or Committee shall be by a majority vote: Provided that in the event of tie, the Chairman or the Commissioner who presides over the meetings shall have casting vote. (4) the Board shall meet once in every three months.

Acts of the Board or Committee not to be invalidated by informality vacancy etc. - No act or proceeding of the Board or Committee shall be deemed to be invalid by reason only of a defect in its constitution or on the ground that the Board or Committee or any member thereof, as the case may be, was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his appointment 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.

Committee - to be in possession of institutions and properties - (1) The Committee shall be entitled to take and be in possession of all the institutions properties, jewels, records and documents of the Tirumala Tirupathi Devasthanams. (2) If, in obtaining such possession, the Committee is resisted or obstructed by any person, it may make an application to the Court of Competent jurisdiction complaining of such resistance or obstruction, and the court shall, unless it is satisfied that the resistance or obstruction was occasioned by any person claiming in good faith to be in possession on his own account or by virtue of some right independent of that of the Tirumala Tirupathi Devasthanams make an order that the Committee be put into possession. Such order shall, subject to the result of any suit which may be filed to establish the right to the possession of the property, be final.

Suits and other legal proceedings by or against Tirumala Tirupathi Devasthanams - In all suits and other legal proceedings by or against the Tirumala Tirupathi Devasthanams the pleadings shall be signed and verified by the Executive Officer and all processes in such suits and proceedings shall be issued to or served on the Executive Officer.

Cost of Proceedings etc. - The costs, charges and expenses of, and incidental to, any suit, appeal or application to a court under this chapter shall be in the discretion of the court which may direct the whole or any part of such costs, charges and expenses to be met from the funds of the Tirumala Tirupathi Devasthanams or to be borne and paid in such manner and by such persons as it thinks fit: Provided that all costs, charges and expenses incurred by the Government or the Committee in connection with any legal proceedings required in the interests of the Tirumala Tirupathi Devasthanams shall be payable out of the funds of the Tirumala Tirupathi Devasthanams.

Annual inspection - (1) Notwithstanding any of the provisions of this chapter, the Executive Officer shall furnish the copies of all the statutory returns, approved Budget, Audit Report and of all other correspondence made to Government for information of the Commissioner. (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.

Power of the Commissioner to transfer proceedings etc. - (1) The Commissioner shall have power at any stage to transfer any proceeding pending before a Regional Joint Commissioner, Deputy Commissioner or an Assistant Commissioner either to his own file, or to another Regional Joint Commissioner, Deputy Commissioner or Assistant Commissioner, as the case may be, for disposal. (2) Any person aggrieved by an order passed by the Commissioner under sub-section (1) may appeal to the Government who may pass such orders thereon as they may deem fit.

Duty of trustees, etc., to handover charge to successor and procedure for recovery of possession of institution etc., in case of default - (1) Where a person, who- (a) is or has been a trustee on the ground of succession of an institution or endowment; or (b) is appointed as trustee, Executive Officer, Office-holder or servant of such institution or endowment; or (c) is appointed to discharge the functions of a trustee of such institution or endowment in accordance with the provisions of this Act, in any scheme in force at the time of commencement of this Act, Where any hereditary trustee, trustee Executive Officer, Office-holder or servant or ceases, to discharge the functions of the trustee (hereinafter referred to as the ‘’ex-office-holder’’), on account of the expiry of his term of office or by reason of his suspension, removal or dismissal from office, it shall be the duty of such ex-office-holder, to handover charge of his office and deliver possession of the records, accounts, properties of the institution or endowment including cash to the person who succeeds him or is appointed in his place (hereinafter called the ‘successor’) or to the Executive Officer within seven days from the date of service in the prescribed manner of the order directing him to hand over charge of the office to his successor or to the Executive Officer, and if he fails to do so without sufficient cause, he shall be punishable with fine which may extend to one thousand rupees. (a) Where the successor or the Executive Officer is resisted in or prevented from, obtaining the possession of the records, accounts or properties of the institution or endowment by such ex-officio-holder or by any person claiming or deriving title from him or by any person who is otherwise not entitled to be in such possession, any Magistrate of the First Class having jurisdiction shall, on any application made by the successor or the Executive Officer, by an order after notice to the ex-office-holder direct delivery of the possession of such records, accounts and properties of the institution or endowment, to the successor or to the Executive Officer within the time specified in such order. (b) Every application made under clause (a) shall be accompanied by a certified copy of the order of appointment of the successor along with a certificate issued by the Commissioner in such form and after following such procedure as may be prescribed stating that the records, accounts and properties specified therein belong to the institution or endowment. (3) Where the ex-officio holder fails to deliver possession of the records, accounts or properties within the time specified in the order of the Magistrate under sub-section (2), he shall be punishable with imprisonment which may extend to six months or with fine which may extend to two thousand rupees or with both; and the Magistrate shall cause the possession of the records, accounts or properties to be delivered to the successor, taking such police assistance as may be necessary. (4) The order of appointment of the successor and the certificate referred to in clause (b) of sub-section (2) shall not be called in question in the proceedings before the Magistrate under this section. (5) Nothing in this section shall bar the institution of a suit in a competent court by any persons aggrieved by an order under this section for establishing his title to the properties specified in the certificate referred to in sub-section (2).

A trustee or an Executive Office or other person who is in charge of the administration of a charitable or religious institution or endowment, shall not lend or borrow money on behalf of the charitable or religious institution or endowment, except with the sanction of such authority, and subject to such conditions, as may be prescribed.

Where at anytime it appears to the Government that any Board of Trustees has failed to perform its functions or has exceeded or abused any of the powers conferred upon it by or under this Act resulting in material loss or loss of prestige to the institution or endowment, the Government may communicate the particulars thereof to the Board of Trustees and if the Board of Trustees fails to remedy such defect, excess, or abuse or to give a satisfactory explanation therefor within such time as the Government may fix in this behalf, the Government may dissolve the Board of Trustees. Provided that the Board may be superseded by the government for the reason to be recorded in writing in public interest.

Cost of proceedings etc (1) The costs, charges and expenses of and incidental to any suit, appeal or application to a Court under this Act shall be in the discretion of the court which may, subject to the provisions of section 67, direct the whole or any part of such costs, charges and expenses to be met from the property or income of the charitable or religious institution or endowment concerned or to be borne and paid in such manner and by such person as it thinks fit. (2) The costs, charges and expenses of and incidental to, any appeal, application or other proceedings before the Government, Commissioner, Additional Commissioner or Joint Commissioner or Regional Joint Commissioner, Deputy Commissioner or an Assistant Commissioner, as the case may be, shall be in their discretion, and they shall have power to determine by whom or out of what funds and to which extent such costs, charges and expenses are to be paid; and the order passed in this regard may be transferred to the Revenue Divisional Officer for recovery of such amounts as arrears of land revenue.

Where the Board of Trustees have ceased to function after the expiration of its term or where the Board of Trustees has been dissolved under section 135, the Government may, for reasons to be recorded appoint a specified authority and cause any or all of the powers and functions of the Board of Trustees to be exercised and performed by such specified authority for such period not exceeding one year as they may think fit.

Notwithstanding anything in any law, the Commissioner, Additional Commissioner, Regional Joint Commissioner, Deputy Commissioner or Assistant Commissioner, shall have power to require any person having custody of any record, register, report or other document relating to a charitable or religious institution or endowment or any movable or immovable property of such institution or endowment, to furnish copies of, or extracts from any such document and every such person shall, on such requisition furnish them.

The Commissioner, Additional Commissioner, Regional Joint Commissioner, Deputy Commissioner or an Assistant Commissioner shall, subject to such conditions and restrictions as may be prescribed, be entitled to enter at any time between 9.00 A.M. and 6.00 P.M. any premises of the institution or endowment and to inspect in any public office, any record, register or other document or any movable or immovable property relating to a charitable or religious institution or endowment.

Bequest under will for benefit of charitable or religious institution or endowment (1) Notwithstanding anything in any other law for the time-being in force, where under any will, a request has been made in favour of a charitable or religious institution or endowment or such institution or endowment is created, it shall be the duty of the executor under the will and also the registration authority to forward a copy thereof to the Assistant Commissioner within whose jurisdiction such will was or is required to be registered, and in the case of Tirumala Tirupathi Devasthanams to the Executive Officer. (2) No probate of any such will or letters of administration with such will annexed shall be granted by any court unless it is satisfied that a copy of such will has been forwarded to the authorities as provided by sub-section (1).

Without prejudice to the provisions of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956 (Act VII of 1956), the proper fees chargeable in respect of the documents described in column (2) of the Third Schedule shall be the fees indicated in column (3) thereof.

Nothing in this Act shall - (a) affect any honour to which any person is entitled by custom, the performance of or interference with the religious worship, ceremonies and poojas in religious institutions according to the sampradayams and Agamas followed in such institutions ; or (b) authorise any interference with the religious or spiritual functions of the head of a math including those relating to imparting of religious instructions or rendering of spiritual service.

Nothing in any law of limitation for the time being in force shall be deemed to vest in any person the property or funds of any charitable or religious institution or endowment which had not vested in such person or his predecessor in title before the 30th September, 1951 in the Andhra Area of the State and the 26th January, 1967 in the remaining area of the State.

Notwithstanding any judgement, decree or order of any Court, Tribunal or other authority, or in any scheme, custom, usage or agreement, or in any manual prepared by any institution or in any Farmana or Sanad or any deed or order of the Government to the contrary governing any charitable or religious institution or endowment, all shares which are payable or being paid or given or allowed at the commencement of this Act to any Trustee, Dharmakartha, Mutawalli, any office holder or servant including an Archaka or Mirasidar and share or shares, in the Kanukas offered either in kind or in cash or both by the devotees either in Hundi, Plate or otherwise, or any rusum in the Archana or Seva tickets and tickets for tonsuring or any rusums collected from the person for the performance of marriage or Upanayanam and the like, all offerings made in the premises of the Temple or at such places as may be specified by the Trustee, all Prasadams and Panyarams offered either by the Temple or devotee, and such other kinds of offerings, all shares in the lands of the institution or endowment allotted or allowed to be in possession and enjoyment of any archaka, office holder or servant towards remuneration or otherwise for rendering service and for defraying the ‘Paditharam’ and other expenses connected with the service or management of the Temple, shall stand abolished with effect on and from the commencement of this Act. Provided that the above said provision shall be applicable only for those institutions whose annual income as defined under section 65 exceeds Rs. 5.00 lakhs per annum:

(1) Where the Commissioner has reason to believe that any religion institution is not capable of maintaining out of its funds, he may, in the interest of proper management of administration, subject to such restrictions and conditions as he may deem fit, direct the amalgamation or as the case may be, the adoption of such religious institution by any other religious institution having similar objects and capable of managing such institution and there upon the trustee of the institution to which it is amalgamated or by which it is adopted shall maintain and administer such institution. Provided that the conditions to be satisfied for any such adoption or amalgamation shall be as may be prescribed. (2) On such amalgamation or adoption the institutions shall be deemed to comprise a single institution and administered as if they were a single institution published under section 6. (3) Where the institution so amalgamated or as the case may be adopted under sub-section (1), subsequently found to be capable of being managed by itself, the Commissioner may in the interest of proper management of administration, revoke the orders issued under sub-section (1), and thereupon the institution shall manage its affairs independently out of its funds. (4) An appeal shall lie to the Government against the orders passed by the Commissioner under sub-section (1) or sub-section (3).

(1) The Government may constitute a renovation committee to any religious or charitable institution consisting of persons with qualifications prescribed in section 18 and subject to qualifications specified in section 19. (2) The composition of the Committee, the term of the Office of the members of the Committee and other matters relating to the functions of the committee shall be such as may be prescribed. (3) The provisions in Chapter VII except section 57 shall apply to the renovation committee.

(1) If any trustee including the Executive Officer or other person in whom the administration of an institution or endowment is vested or any agent of, or person working under the trustee – (a) refuses, neglects or fails to comply with the provisions of sections 43, 56 or 133 ; (b) refuses, neglects or fails to furnish such accounts, returns, reports or other information relating to the administration of the institution or endowment or its funds, property or income or the application thereof, at such time and in such manner as the Commissioner, the Additional Commissioner, the Regional Joint Commissioner, the Deputy Commissioner or the Assistant Commissioner may require; or (c) refuses to permit, or causes obstruction to, or inspection by the Commissioner, Additional Commissioner, Joint Commissioner, Regional Joint Commissioner, Deputy Commissioner, or an Assistant Commissioner, of any movable or immovable property belonging to or of any records, correspondence, plans, accounts and other documents relating to the institution or endowment, neglects or fails to produce them for inspection; the trustee or where there is more than one trustee, each of the trustees shall be punishable with fine which may extend to two hundred rupees, and in case the act or default complained of continues for more than one month with a further fine which may extend to one hundred rupees for every week or part thereof during which the act or default so continues. (2) No Court shall take cogniance of an offence punishable under sub-section (1), except on the complaint in writing of the Commissioner. (3) No offence punishable under sub-section (1) shall be enquired into or tried by any Court inferior to that of a Magistrate of the First class. (4) The Commissioner may accept from any trustee who has committed or is reasonably suspected of having committed any of the offences referred to in sub-section (1), by way of composition of such offence, a sum of money not exceeding one thousand rupees. (5) Any fine imposed under sub-section (1) or any money payable by way of composition under sub-section (4) shall be paid by the trustee from his own funds and not from the funds of the institution concerned.

(1) The Revenue Divisional Officer or the Deputy Commissioner within whose jurisdiction any property of the trustee or other person from whom an amount is recoverable by way of surcharge under the provisions of this Act is situated shall, on a requisition made by the Commissioner, recover such amount as if it were an arrear of land revenue and pay the same to the charitable or religious institution or endowment concerned. (2) Where trustee fails to pay the contribution and other costs due to the Government within the time allowed, the Revenue Divisional Officer or the Deputy Commissioner within whose jurisdiction any property of the institution or endowment is situate, shall on requisition made to him in the prescribed manner by the Commissioner and subject to the provisions of this section recover such amount as if it were an arrear of land revenue. (3)(a) On receipt of a requisition under sub-sections (1) and (2) the Revenue Divisional Officer or the Deputy Commissioner shall issue a notice to the trustee or other person concerned – (i) requiring him to pay within fifteen days from the date of service thereof, the amount mentioned in the requisition and specified in the notice; and (ii) stating that on default, such amount will be recovered as if it were an arrear of land revenue. (b) if, within the period of fifteen days aforesaid the amount demanded is not paid, the Revenue Divisional Officer or Deputy Commissioner shall proceed to recover the amount specified in the notice together with the charges collection, as if it were an arrear of land revenue. (4) The Revenue Divisional Officer or the Deputy Commissioner shall on receipt of a requisition under sub-section (2) withhold the amount mentioned therein out of the tasdik or any other allowance or amount payable by the Government to the institution or endowment concerned and where the tasdik or other allowance or amount is insufficient for the purpose, the Revenue Divisional Officer or the Deputy Commissioners hall withhold the allowance of amount available and recover the balance as if it were an arrear of land revenue. (5) Places of worship including temples, tanks and places where Utsavas are performed, Idols, Vahanams, Jewels and such vessels, and other articles of the institution or endowment as may be necessary in accordance with the usage of the institution or endowment for purposes of worship or processions shall not be liable to be proceeded against in pursuance of sub-sections (2), (3) and (4). (6) Instead of selling the property under the provisions of the Andhra Pradesh Revenue Recovery Act, 1864 (Act II of 1864), it shall be open to the Revenue Divisional Officer or the Deputy Commissioner at the instance of the Commissioner to appoint a receiver to take possession of the property or such portion thereof as may be necessary and collect the income thereof until the amount to be recovered is realised. The remuneration, if any, paid to the Receiver and the other expenses incurred by him shall be paid out of the institution or endowment concerned after providing for the purposes specified in item (i) of clause (o) of sub-section (2) of section 57. (7) No suit, prosecution or other legal proceedings shall be entertained in any court of law against the Government or any officer or other employee of the Government for anything done or intended to be done in good faith in pursuance of this section. (8) The powers exercisable by the Revenue Divisional Officer, or the Deputy Commissioner under this section, except the power to appoint a Receiver under sub-section (6) shall also be exercisable by any other officer not below the rank of a Mandal Revenue Officer or an Assistant Commissioner authorised by the Revenue Divisional officer or by the Deputy Commissioner as the case may be, in this behalf.

(1) Where a Commissioner, Additional Commissioner or Regional Joint Commissioner, Deputy Commissioner or Assistant Commissioner makes an enquiry or hears an appeal under this Act, the enquiry shall be made and the appeal shall be heard as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act V of 1908) to the trial of suits or the hearing of appeals, as the case may be. (2) The provisions of the Indian Evidence Act, 1872 (Central Act 1 of 1872) and the Indian Oaths Act, 1969 (Central Act 44 of 1969) shall, so far as may be, apply to such inquiries and appeals. (3) The Commissioner, Additional Commissioner or Joint Commissioner, Regional Joint Commissioner, Deputy Commissioner or Assistant Commissioner holding such an inquiry or hearing such an appeal shall be deemed to be a person acting judicially within the meaning of the Judicial Officer's Protection Act, 1850 (Central Act 18 of 1850).

Save as otherwise expressly provided in this Act, no notification or certificate issued, order passed, decision made, proceedings, or action taken or other things done under the provisions of this Act, by the Government, the Commissioner, the Additional Commissioner or the Regional Joint Commissioner, the Deputy Commissioner or the Assistant Commissioner shall be liable to be questioned in any court of law.

No suit or other legal proceeding in respect of the administration or management of an institution or endowment or any other matters of dispute for determining or deciding which provision is made in this

(1) The Government shall, by notification in the Andhra Pradesh Gazette constitute the ‘Andhra Pradesh Dharmika Parishad’ for the State consisting of the following members, namely:-(i) Minister for Endowments who shall be the Chairman;(ii) The Principal Secretary/Secretary to Government, Revenue Department in charge of religious and Charitable Institutions and Endowments;(iii) The Commissioner of Endowments who shall be member secretary;(iv) The Executive Officer, Tirumala Tirupathi Devasthams;(v) one representative each from the Chairman of Boards of Trustees from section 6 (a) (i) and (ii), section 6 (b) (i) and (ii), section 6 (c) (i) and (ii) and two Mathadhipathis published under section 6 (d) of the Act;(vi) Retired Senior Officer of the Government who is a devout Hindu and has experience of and commitment to improve the Hindu Temple System, to be nominated by the Government;(vii) A retired senior officer of the Endowments Department;(viii) Retired Judge of the High Court who is a devout Hindu and has commitment to improve the Hindu Temple System;(ix) A legal luminary/Advocate aged more than 62 years who is a devout Hindu and has experience and has commitment to improve the Hindu temple system.(x) two prominent philanthropists who have a track record of establishment, maintenance and supporting various endowments, Charitable and Hindu religious institutions to be nominated by the Government;(xi) two Agama pandits to be nominated by the Government;(xii) one chartered accountant and who is a Devout Hindu and has a commitment to improve the Hindu temple system, to be nominated by the Government. (2) The Parishad may for the purposes of consultation, invite any person having experience and specialised knowledge in any subject under its consideration to attend its meetings and every such person shall be entitled to such allowances as may be prescribed. (3) The powers, functions and term of office etc., of the members of “Andhra Pradesh Dharmika Parishad shall be such, as may be prescribed. (4) The Government may by order delegate its powers and functions to the Andhra Pradesh Dharmika Parishad.

(1) The Government may, after previous publication and by notification in the Andhra Pradesh Gazette, make rules for carrying out all or any of the purposes of this Act. (2) Every rule made under this Act shall immediately after it is made, be laid before the Legislative Assembly of the State if it is in session, and if it is not in session, in the session immediately following for a total period of fourteen days which may be compromised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled, 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 rule.

The Government may by notification, exempt from the operation of any of the provisions of this Act or any of the rules made thereunder -(a) any charitable institution or endowment the administration of which was or is for the time being vested -(i) in the Government either directly or through a Committee or Treasurer of Endowments, appointed for the purpose;(ii) in the official Trustee or in the Administrator General;(b) any charitable institution or endowment founded for educational purpose or for providing medical relief; or(c) any institution or endowment which is being well managed by the founder; or(d) any institution or endowment; and may likewise vary or cancel such exemption.

(1) The Andhra Pradesh Charitable Hindu Religious and Institutions and Endowments Act, 1966 (Act 17 of 1966) and the Tirumala Tirupathi Devasthanams Act, 1979 (Act 20 of 1979) are hereby repealed. (2) Notwithstanding such repeal -(a) all rules made, notifications or certificates issued, orders passed, decision made, proceedings taken and other things done by any authority or officer under the repealed Acts shall in so far as they are not inconsistent with this Act be deemed to have been made, issued, passed, taken, or done by the appropriate authority or officer under the corresponding provisions of this Act and shall have effect accordingly until they are modified, cancelled or superseded under the provisions of this Act;(b) all powers conferred and all duties imposed by any scheme in force before the commencement of this Act on any court or judge or any other person or body of persons, not being a trustee, an honorary officer or servant of the charitable or religious institution or endowment shall be exercised and discharged by the Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be, in accordance with the provisions of this Act;(c) all proceedings pending before the Government, any officer, or authority or a trustee under the provisions of the repealed Acts at the commencement of this Act may, in so far as they are not inconsistent with the provisions of this Act, be continued by the appropriate authority under this Act;(d) any remedy by way of right of application, suit or appeal which is provided by this Act, shall be available in respect of proceedings under the repealed Acts pending at the commencement of this Act, as if the proceedings in respect of which the remedy is sought had been instituted under this Act;(e) Every member of the Board of Trustees other than a hereditary trustee, Chairman and members of the Tirumala Tirupathi Devasthanams Board lawfully holding office on the date of commencement of this Act shall be deemed to have been duly appointed or as the case may be duly nominated under this Act and shall continue to act as such for the residue of the term of his office and every Board of Trustees or the Board lawfully constituted on the date of commencement of this Act, shall be deemed to have been duly constituted as a Board of Trustees under this Act, and thereupon exercise all the powers and discharge all the duties entrusted to them under this Act;(f) every trustee whose term of office had expired prior to the date of commencement of this Act, but who continues in office beyond such date with the concurrence of the competent authority, shall continue as such until a new trustee is appointed under this Act unless in the meanwhile he is removed, dismissed or has resigned or otherwise ceases to be a trustee. (3) The mention of particular matters in this section shall not be held to prejudice or affect the general application of sections 8 and 18 of the Andhra Pradesh General Clauses Act, 1891 (Act I of 1891), with regard to the effect of repeals.

The enactments mentioned below shall cease to apply to Charitable and the Hindu Religious Institutions and endowments thereof to which this Act applies; and section 8 of the Andhra Pradesh General Clauses Act, 1891(Act I of 1891), shall apply upon such cessor as if these enactments had been repealed by an Andhra Pradesh Act;(a) the Andhra Pradesh (Andhra Area) Endowments and Esscheats Regulation, 1817 (Regulation VII of 1817);(b) the Religious Endowments Act, 1863 (Central Act 20 of 1863);(c) the Charitable Endowments Act, 1890 (Central Act 6 of 1890);(d) the Charitable and Religious Trusts Act, 1920 (Central Act 14 of 1920); and(e) sections 92 and 93 of the Code of Civil Procedure, 1908 (Central Act V of 1908).

The trustee or any member of the Board of Trustees or Chairman, the Executive Officer or any office holder or servant of a charitable or religious institution or endowment, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).

(1) Notwithstanding any law, custom or usage, a charitable or religious endowment including an endowment created for such objects as dharma, dharmadaya, punyakarya, or punyadana shall not be deemed to be void, only on the ground that the objects for which it is created, or the persons or objects for the benefit of whom or which it is created are unascertained or unascertainable. (2) A charitable or religious endowment created for purposes, some of which are charitable or religious and some are not, shall not be deemed to be void in regard to the charitable or religious purpose, only on the ground that it is void in respect of the purposes which are not charitable or religious. (3) Any disposition of property for charitable or religious purposes shall not be deemed to be void as a charitable or religious endowment, only on the ground that no obligation is annexed to such disposition requiring the person in whose favour it is made to hold it for the benefit of charitable or religious objects.

159. Power to remove difficulties - If any difficulty arises in giving effect to the provisions of this Act, the Government, may, by order in the Andhra Pradesh Gazette, make such provisions, not inconsistent with the purposes or provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty.

160. Overriding effect of the Act - (1) Notwithstanding any compromise agreement, scheme, judgement, decree or order of a Court Tribunal or other authority or any custom or usage governing any charitable or religious institution or endowment of Tirumala Tirupathi Devasthanams, the provisions of this Act shall, with effect on and from the date of the commencement of this Act, prevail in so far as they relate to the matters governed by the corresponding provisions in any such compromise, agreement, scheme, judgement, decree or order or any custom or usage and such corresponding provisions shall thereafter have no effect. (2) Notwithstanding anything in the agreements entered into by the Tirumala Tirupathi Devasthanams represented by the Executive Officer and Archakam Mirasidars of Tirumala Tirupathi Devasthanams on the 30th May, 1979 or any other agreements of the like nature, the provisions of this Act shall with effect on and from the date of commencement of this Act, prevail in so far as they relate to the matters governed by the corresponding provisions in any such agreements and such corresponding provisions in such agreements shall thereafter have no effect.

161. Archakas and other employees welfare fund-(1) Every Religious Charitable Institution other than Tirumala Tirupathi Devasthanam whose annual income exceeds rupees twenty lakhs per annum as defined under section 65 shall be liable to contribute annually 3% of its income to the Archakas and other Employees Welfare Fund constituted and administered through a Trust Board created for the purpose: Provided that Tirumala Tirupathi Devasthanams shall contribute such sum to the Fund as the Government may specify from time to time. (2) The fund constituted under sub-section (1) shall be utilized for the welfare of the Archakas and other employees, working in the religious, charitable Institutions and endowments in accordance with the terms and conditions of the Trust registered for the purpose.

162. Constitution of Endowments Tribunal- (1) Government may, for the purpose of this Act, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or the matter relating to a Charitable Institution, Dharmadayam, Religious Charity, Religious Endowments, Religious Institution or any Institution as defined in the Act and also define the local limits and jurisdiction of each of such Tribunals. (2) Where any application is made relating to any property of the institution which falls within the territorial limits of the jurisdiction of two or more Tribunals, such application may be made to the Tribunal within the local limits of whose jurisdiction the Head Office or the main institution is located and where any such application is made to the Tribunal aforesaid, the other Tribunal or Tribunals having jurisdiction shall not entertain any application for the determination of such dispute, question or other matter. (3) The Tribunal shall consist of a Chairman and one other member to be appointed by the Government. (4) The Chairman shall be a person who is or has been a judicial officer not below the rank of a District Judge and a member shall be a person, who holds or has held a post not below the rank of Additional Commissioner of Endowments. (5) The Government may, from time to time, likewise reconstitute any Tribunal constituted under sub-section (1) or may abolish such Tribunal. (6) The procedure followed by a Tribunal and the manner of taking decision there at and the procedure and conduct of its business shall be such as may be prescribed. (7) No act or proceeding of any Tribunal shall be deemed to be invalid by reason only of the existence of any vacancy among its members or any defect, in the constitution or reconstitution thereof.

163. The existing Chairpersons/Members of Trust Boards of the Institutions including TTDs shall cease to hold office - (1) Notwithstanding anything contained in the Principal Act, all the Chairpersons and Members of the Trust Boards of all Institutions including TTDs holding office at the commencement of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments (Amendment) Act, 2014, shall cease to hold office forthwith and thereupon it shall be competent for the Government to appoint a person or persons to exercise the powers and perform the functions of the Boards of Institutions including TTDs till new Trust Boards are accordance with the provisions of sections 15 and 96 of the Principal Act as amended by this Act.