The Madras Hindu Religious and Charitable Endowments (Amendment) Act, 1954

Short title.- This Act may be called the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 1954.

Amendment of sections 10 and 11, Madras Act XIX of 1951.- In section 10, sub-section (2), and section 11, sub-section (3), of the Madras Hindu Religious and charitable Endowments, Act, 1951 (Madras Act XIX of 1951) (hereinafter referred to as the principal Act), the figure “56” shall be omitted.

Substitution of new section for section 21 in Madras Act XIX of 1951.- For section 21 of the principal Act, the following section shall be substituted, namely:-

“21. Power to enter religious institution.-

1. (1) The Commissioner, Deputy Commissioner, Assistant Commissioner or such officers or servants of a religious institution as may be authorized by the Commissioner, Deputy Commissioner or Assistant Commissioner in this behalf, shall have power to enter the premises of any religious institution or any place of worship for the purpose of exercising any power conferred, or discharging any duty imposed, by or under this Act.
2. (2) If any such officer or servant is resisted in the exercise of such power or discharge of such duty, the Magistrate having jurisdiction shall, on a written requisition from such officer or servant, direct any police officer not below the rank of Sub-Inspector to render such help as may be necessary to enable the officer or servant to exercise such power or discharge such duty.
3. (3) In entering the premises of a religious institution or place of worship, the person authorized by or under sub-section
4. (1) or the police officer referred to in sub-section
5. (2) shall, if practicable, give notice to the trustee and shall have due regard to the practices and usages of the institution.”.

Insertion of new section21-A in Madras Act XIX of 1951.- After section 21 of the principal Act, the following shall be inserted as section 21-A, namely:-

“21-A. Commissioner, etc., to observe appropriate forms and ceremonies.- The Commissioner, Deputy Commissioner, Assistant Commissioner, every member of an Area Committee and every other person exercising powers of superintendence or control under this Act, shall, so far as may be, observe forms and ceremonies appropriate to the religious institution in respect of which such powers are exercised and, in the case of a math, act in conformity with the usages of the math in his dealings with the head of the math.”.

Amendment of section 30, Madras Act XIX of 1951.- In section 30, sub-section (2), of the principal Act, for the words “the trustee shall be guided by”, the words “the trustee shall have due regard to” shall be substituted.

Substitution of new section for section 31, Madras Act XIX of 1951.- For section 31 of the principal Act, the following section shall be substituted, namely:-

“31. Cypres application of surplus funds of endowments.-

1. (1) The Commissioner may, after holding and inquiry in such manner as may be prescribed, by order, declare that, after satisfying adequately the purposes of the religious institution and after setting apart a sufficient sum for the repair and renovation of the buildings connected with the math or temple or the endowments attached thereto, there is a surplus which is not required for any such purpose, and may, by such order, direct that such surplus as is declared to be available, be appropriated to religious, educational or charitable purposes : Provided that, in the case of a temple founded and maintained by a section of the Hindu community, the surplus shall, as far as possible, be utilized for the benefit of the said section for the purposes mentioned above.
2. (2) It shall be competent to the Commissioner when giving a direction under sub-section
3. (1) to determine what portion of such surplus shall be retained as a reserve fund for the math or temple and to direct the remainder to be appropriated to the purposes specified in that sub-section.
4. (3) The Commissioner may, at any time, by order and in the manner provided in sub-section (1), modify or cancel an order passed under that sub-section.
5. (4) The order of the Commissioner under this section shall be published in the prescribed manner. The trustee or any other person having interest may, within six months of the date of such publication, institute a suit in the Court to modify or set aside such order. Subject to the result of such suit, and of the appeal, if any, under section 31-B, the order of the Commissioner shall be final and binding on the trustee and all persons having interest.
6. (5) Any decision of the Court under this section may, at any time, the sufficient cause, be modified or cancelled by the Court in a suit instituted by the Commissioner or the trustee or any person having interest but not otherwise.”.

Insertion of new sections 31-A and 31-B in Madras Act XIX of 1951.- After section 31 of the principal Act, the following sections shall be inserted, namely:-

“31-A. Validation of past appropriation of surplus funds.-

1. (1) Where, before the commencement of the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 1954, an appropriation of funds belonging to a religious institution to any of the purposes specified in section 59, sub-section (1), has been made in exercise of the powers purported to be conferred by section 31, such appropriation shall be deemed to be an appropriation made under section 31 as amended by the said Amendment Act.
2. (2) Any person having interest may, within six months from the commencement of the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 1954, institute a suit in the Court to modify or set aside the appropriation referred to in sub-section
3. (1) and for such further or other relief in relation to funds appropriated. 31-B. Appeals.- Any person aggrieved by a decision of the Court under section 31 or section 31-A may, within ninety days from the date of the decision, appeal to the High Court.”.

Amendment of section 34, Madras Act XIX of 1951.- In section 34, sub-section

1. (8) of the principal Act, for the words “who is dedicated to a temple”, the words “who is dedicated for service in a temple” shall be substituted.

Amendment of section 39, Madras Act XIX of 1951.- In section 39 of the principal Act-

1. (a) for sub-section (2), the following sub-section shall be substituted, namely:- “(2) Where, in the case of any such institution having a hereditary trustee or trustees, the Commissioner, after notice to such trustee or trustees and after such inquiry as he deems adequate, considers, for reasons to be recorded, that the affairs of the institution are not, and are not likely to be, properly managed by the hereditary trustee or trustees, the Commissioner may, by order, appoint such number of non-hereditary trustees as he thinks necessary, so however that the total number of trustees does not exceed five.”.
2. (b) in sub-section (3), for the words, brackets and figures “Every trustee appointed under sub-section

1. (1) or sub-section (2)”, the words, brackets and figures “Every trustee appointed under sub-section
2. (1) and, subject to the result of an application, if any, filed under sub-section (4), every non-hereditary trustee appointed under sub-section (2)” shall be substituted ;
   • (c) after sub-section (3), the following sub-sections shall be added namely:- “(4) Where the Commissioner, by order, appoints a non-hereditary trustee or trustees, the hereditary trustee or trustees may, within thirty days of the receipt of the order, file an application to the Court to set aside or modify such order.
3. (5) Where a vacancy arises in the office of a non-hereditary trustee appointed under sub-section (2), the Commissioner, shall not fill up such vacancy unless, for reasons to be recorded, he considers it necessary to do so. A non-hereditary trustee appointed in the vacancy shall be deemed to have been appointed under sub-section (2), and the provisions of sub-sections
4. (3) and
5. (4) shall apply accordingly.”.

Amendment of section 52, Madras Act XIX of 1951.- In section 52, sub-section (1), of the principal Act, clause

1. (f) shall be re-lettered as clause (i), and before the clause as so re-lettered, the following clauses shall be inserted, namely:- “(f) waste of the funds or properties of the institution or the application of such funds or properties for purposes unconnected with the institution ;
2. (g) the adoption of devices to convert the income of the institution or of the funds or properties thereof into ‘pathakanika’ ;
3. (k) leading an immoral life or otherwise leading a life which is likely to bring the office of head of the math into contempt;”.

Substitution of new section for section 55, Madras Act XIX of 1951.- For section 55 of the principal Act, the following section shall be substituted, namely :-

“55. Power to spend ‘Pathakanika’.- The trustee of a math shall keep regular accounts of receipts of ‘pathakanika’, that is to say, any gift of property made to him as the head of the math and shall be entitled to spend the said ‘pathakanika’, in accordance with the customs and usages of the institution.”.

Repeal of section 56, Madras Act XIX of 1951.- Section 56 of the principal Act shall be omitted.

Substitution of new section for section 67 in Madras Act XIX of 1951.- For section 67 of the principal Act, the following section shall be substituted, namely :-

“67. Term of office and duties of executive officer.-

1. (1) The executive officer shall hold office for such period as may be fixed by the Commissioner and he shall exercise such powers and perform such duties as may be assigned to him by the Commissioner : Provided that only such powers and duties as appertain to the administration of the endowments of the religious institution shall be assigned to the executive officer.
2. (2) The Commissioner shall define the powers and duties which may be exercised and performed respectively by the executive officer and the trustee, if any, of the religious institution.
3. (3) The executive officer shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).
4. (4) The Commissioner may, for good and sufficient cause, suspend, remove or dismiss the executive officer.”.

¹⁹⁵¹ For sections 68 and 69 of the principal Act, the following sections shall be substituted, namely :-

Substitution of new sections for sections 68 and 69 in Madras Act XIX of "68. Section 58 not to apply to notified institutions.-

1. (1) Section 58 shall not apply to, and no Area Committee shall have jurisdiction over any religious institution notified under this Chapter or under Chapter VI-A of the Madras Hindu Religious endowments Act, 1926 (Madras Act II of 1927), so long as the notification remains in force.
2. (2) Nothing in sub-section
3. (1) shall be construed as prohibiting the framing of a scheme under section 58 during the period when a notification is in force, to take effect immediately on the notification ceasing to be in force. 69. Saving.- Nothing in this Chapter shall apply to maths or other religious institutions having hereditary trustees who have a beneficial interest in the income of the institution.".

Amendment of section 76, Madras Act XIX of 1951.- In section 76 of the principal Act -

1. (1) for sub-sections
2. (1) and (2), the following sub-sections shall be substituted, namely :- "(1) In respect of the services rendered by the Government and their officers and for defraying the expenses incurred on account of such services every religious institution shall, from the income derived by it, pay to the Commissioner annually such contribution not exceeding five per centum of its income as may be prescribed.
3. (2) Every religious institution, the annual income of which, for the fasli year immediately preceding as calculated for the purposes of the levy of contribution under sub-section (1), is not less than one thousand rupees, shall pay to the Commissioner annually, for meeting the cost of auditing its accounts, such further sum not exceeding one and a half percentum of its income as the Commissioner may determine.";
4. (2) after sub-section (4), the following sub-section shall be inserted, namely:- "(5) Whenever there is any surplus after meeting all the charges referred to in the foregoing sub-section, it shall be lawful for the Commissioner, acting suo motu or on an application to make grants to poor and needy religious institutions for carrying out repairs and renovation subject to such rules as may be framed by Government in this regard.";
5. (3) at the end of the section, the following Explanation shall be added, namely:- "Explanation.- Any religious institution, the annual income of which is less than two hundred rupees, shall not be liable to pay any contribution to the Commissioner as required by sub-section (1).".

Amendment of section 16. - In section 16 of the principal Act, for the words “Area Committee” wherever they occur, the words “Area Committee or Temple Advisory Committee” shall be substituted.

Amendment of section 87, Madras Act XIX of 1951.- In section 87 of the principal Act-

1. (a) the words and figures "as manager under section 56 or" occurring at the commencement of clause
2. (c) shall be omitted; and
3. (b) for the words "any Magistrate of the first class" the words "any Presidency Magistrate or any Magistrate of the first class" shall be substituted.

Amendment of section 89, Madras Act XIX of 1951.- In section 89, sub-section (4), of the principal Act, the following shall be added at the end, namely:- "The Commissioner shall pay to the Government any sum so accepted.".

Amendment of section 103, Madras Act XIX of 1951.- In section 103, clause (i), of the principal Act, for the words "payable to the Government", the words "payable to the Commissioner" shall be substituted.

Amendment of Schedule I, Madras Act XIX of 1951.- In Schedule I to the principal Act-

1. (1) under the heading " I. Suits ", before the entry relating to section 52, the following shall be inserted, namely:- " 31.
2. (4) Suits against order of the Commissioner .... ... .... 50 31.
3. (5) Suits to set aside or modify Court's order .. ... .... .... 50 31-A.
4. (2) Suits to modify or set aside direction of trustee .... .... 50 ";
5. (2) under the heading "II. Applications to Court", before the entry relating to section 62
6. (3) (a), the following shall be inserted, namely:- " 39.
7. (4) Application to Court against order of the Commissioner ...10" ;
8. (3) under the heading " III Appeals to Court ", in column (1), before the figures, brackets and letter " 62 (2), 62 (3)
   • (b) ", the figures and letter "31-B shall be inserted;
9. (4) under the heading " V. Appeals to Government , Commissioner, Deputy Commissioner or Trustee", the figures and brackets " 31
10. (2) " in column
11. (1) and the entries relating thereto shall be omitted.

Amendment of section 21. In sub-section

1. (1) of section 21 of the principal Act, for the words "The Commissioner, Deputy Commissioner, Assistant Commissioner or such officers or servants of a religious institution as may be authorized by the Commissioner," the words "Any Member of the Board or Area Committee or Temple Advisory Committee or the Commissioner, Deputy Commissioner or Assistant Commissioner or such officers or employees of the Board or of a religious institution as may be authorized by the Board, the Commissioner" shall be substituted.

Substitution of new section for section81. -For section 81 of the principal Act, the following section shall be substituted, namely.-

"81. Funds of the Board. –

1. (1) Subject to the provisions of this Act, the Board shall constitute a fund called the “Malabar Devaswom Fund” and on such constitution the “Hindu Religious and Charitable Endowments Administration Fund” vested in the Board shall be credited in the Fund so constituted by it.
2. (2) The Board shall account the following items of receipt under their respective accounts, namely:-
   • (a) all contributions payable under section 76
3. (1) and the further sums payable under section 76(2);
   • (b) grants and loans, received from the Government;
   • (c) grants and donations, received from the public and other bodies and institutions;
   • (d) the money realized from time to time by the sale of movable properties belonging to the Board;
   • (e) profits and interest received from investments of funds of the Board; and
   • (f) all other moneys belonging to or other income received by the Board.".

Insertion of new sections 81A to 81C.- After section 81 of the principal Act, the following sections shall be inserted, namely;-

"81A. Audit.-

1. (1) The Board shall keep regular accounts of all receipts in and disbursements from the Fund.
2. (2) The accounts of the Board shall be audited annually.
3. (3) The audit shall be conducted by the Director of Local Fund Audit in accordance with the provisions contained in the Kerala Local Fund Audit Act, 1994 (14 of 1994). 81B. Deposit and investment of funds.- Subject to the provisions of this Act, the Board may deposit its funds in any Nationalized Bank, Co-operative Bank or Government Treasury or invest the same in any security of the State Government or the Government of India. 81C. Budget and Administration Report. -
4. (1) The Board shall, in each year prepare a Budget for the next financial year before the expiry of three months of the preceding financial year showing the probable receipts and disbursements of the temples, institutions and endowments under the management of the Board during the financial year.
5. (2) The Board shall within two months after the expiry of each financial year prepare an annual administration report for that year and submit within one month thereafter to the Government such number of copies thereof, as the Government may direct.
6. (3) The Government shall place the Administration Report before the Legislative Assembly within one month from the date of its receipt.".

Insertion of new section 94A. - After section 94 of the principal Act, the following section shall be inserted, namely.-

“94A. Applicability of the Kerala Land Conservancy Act, 1957. - All lands belonging to the Board and religious institutions shall be deemed to be the property of the Government for the purpose of the Kerala Land Conservancy Act, 1957 (8 of 1958) and all the provisions of that Act shall, so far as they are applicable , apply to such lands.".

Amendment of section 99. -In sub section

1. (1) of section 99 of the principal Act, after the words “The State Government may call for and examine the record of the” the words “Board or” shall be inserted.

Insertion of new section 100A. - In Chapter XI of the principal Act, before section 101, the following section shall be inserted, namely:

“100A. Definition. - For the purposes of this Chapter “Board” means the Board constituted under section 10 of the Madras Hindu Religious Endowments Act, 1926.”

Insertion of new Schedule.- After Schedule I of the principal Act, the following Schedule shall be inserted, namely:-

"SCHEDULE-II ( See section 7 I

1. (2) ) 1. The person commissioned by the Governor to preside over the meeting for the election of members to the Board (hereinafter in these rules referred to as the Chairman) shall fix the date, the time and the place for the presentation of nomination papers and intimate the Hindu Members of the Legislative Assembly with the details of the number and category of seats to be filled up by the election before seven clear days from the date fixed for the presentation of nomination papers. 2. Any Hindu Member of the Legislative Assembly of the State may nominate a qualified person belonging to the category of vacancy, who is not subject to any disqualification for election as a member of the Board by delivering to the Chairman, between the hours fixed by the Chairman for the receipt of nomination papers, a nomination paper signed by the proposer and another Hindu member of the Legislative Assembly of the State as seconder and stating the name of the person nominated. The person nominated shall affix his signature to the nomination paper before it is delivered to the Chairman, stating that he is willing to serve as a member of the Board, if elected. 3. The Chairman shall, as soon as the time fixed for the receipt of nomination papers is over, scrutinize the nomination papers in the presence of the candidates, proposers or seconders present and reject any invalid nomination. 4. Any person, who has been nominated may withdraw his candidature at any time before the Chairman proceeds to hold the election. 5.
2. (1) If there is only one candidate for a seat, the Chairman shall declare him duly elected.
3. (2) If the number of contesting candidates for a seat is more than one, a poll shall be taken on the same day or another day as may be fixed by the Chairman.
4. (3) If there is no candidate for a seat, election proceedings shall be started afresh for filling up the vacancy in all respects as if for a new election. 6. For the purpose of these rules, Member of the Legislative Assembly shall mean a Member who has taken the Oath prescribed for the Members of the Legislative Assembly and signed the register of Members of the Legislative Assembly. 7. Every Hindu Member of the Legislative Assembly shall have one vote for the election to the seat of woman member under clause
   • (g) of sub-section
5. (3) of section 7 of the Act and one vote each for the seats of the other two members under clause
   • (h) thereof. 8. The poll shall be held on the date, time and place fixed by the Chairman and the counting of votes shall take place immediately after the close of the polling. 9. The candidate for each seat who obtained the highest number of votes shall be declared elected by the Chairman. 10. In the case of equal number of votes, the result shall be decided by draw of lots.".

Repeal and Saving.-

1. (1) The Madras Hindu Religious and Charitable Endowments (Amendment) Ordinance, 2008 (36 of 2008) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.

SCHEDULE-II ( See section 7 I

1. (2) ) 1. The person commissioned by the Governor to preside over the meeting for the election of members to the Board (hereinafter in these rules referred to as the Chairman) shall fix the date, the time and the place for the presentation of nomination papers and intimate the Hindu Members of the Legislative Assembly with the details of the number and category of seats to be filled up by the election before seven clear days from the date fixed for the presentation of nomination papers. 2. Any Hindu Member of the Legislative Assembly of the State may nominate a qualified person belonging to the category of vacancy, who is not subject to any disqualification for election as a member of the Board by delivering to the Chairman, between the hours fixed by the Chairman for the receipt of nomination papers, a nomination paper signed by the proposer and another Hindu member of the Legislative Assembly of the State as seconder and stating the name of the person nominated. The person nominated shall affix his signature to the nomination paper before it is delivered to the Chairman, stating that he is willing to serve as a member of the Board, if elected. 3. The Chairman shall, as soon as the time fixed for the receipt of nomination papers is over, scrutinize the nomination papers in the presence of the candidates, proposers or seconders present and reject any invalid nomination. 4. Any person, who has been nominated may withdraw his candidature at any time before the Chairman proceeds to hold the election. 5.
2. (1) If there is only one candidate for a seat, the Chairman shall declare him duly elected.
3. (2) If the number of contesting candidates for a seat is more than one, a poll shall be taken on the same day or another day as may be fixed by the Chairman.
4. (3) If there is no candidate for a seat, election proceedings shall be started afresh for filling up the vacancy in all respects as if for a new election. 6. For the purpose of these rules, Member of the Legislative Assembly shall mean a Member who has taken the Oath prescribed for the Members of the Legislative Assembly and signed the register of Members of the Legislative Assembly. 7. Every Hindu Member of the Legislative Assembly shall have one vote for the election to the seat of woman member under clause
   • (g) of sub-section
5. (3) of section 7 of the Act and one vote each for the seats of the other two members under clause
   • (h) thereof. 8. The poll shall be held on the date, time and place fixed by the Chairman and the counting of votes shall take place immediately after the close of the polling. 9. The candidate for each seat who obtained the highest number of votes shall be declared elected by the Chairman. 10. In the case of equal number of votes, the result shall be decided by draw of lots.

( See section 7 I (2) ) 1. The person commissioned by the Governor to preside over the meeting for the election of members to the Board (hereinafter in these rules referred to as the Chairman) shall fix the date, the time and the place for the presentation of nomination papers and intimate the Hindu Members of the Legislative Assembly with the details of the number and category of seats to be filled up by the election before seven clear days from the date fixed for the presentation of nomination papers. 2. Any Hindu Member of the Legislative Assembly of the State may nominate a qualified person belonging to the category of vacancy, who is not subject to any disqualification for election as a member of the Board by delivering to the Chairman, between the hours fixed by the Chairman for the receipt of nomination papers, a nomination paper signed by the proposer and another Hindu member of the Legislative Assembly of the State as seconder and stating the name of the person nominated. The person nominated shall affix his signature to the nomination paper before it is delivered to the Chairman, stating that he is willing to serve as a member of the Board, if elected. 3. The Chairman shall, as soon as the time fixed for the receipt of nomination papers is over, scrutinize the nomination papers in the presence of the candidates, proposers or seconders present and reject any invalid nomination. 4. Any person, who has been nominated may withdraw his candidature at any time before the Chairman proceeds to hold the election. 5. (1) If there is only one candidate for a seat, the Chairman shall declare him duly elected. (2) If the number of contesting candidates for a seat is more than one, a poll shall be taken on the same day or another day as may be fixed by the Chairman. (3) If there is no candidate for a seat, election proceedings shall be started afresh for filling up the vacancy in all respects as if for a new election. 6. For the purpose of these rules, Member of the Legislative Assembly shall mean a Member who has taken the Oath prescribed for the Members of the Legislative Assembly and signed the register of Members of the Legislative Assembly. 7. Every Hindu Member of the Legislative Assembly shall have one vote for the election to the seat of woman member under clause (g) of sub-section (3) of section 7 of the Act and one vote each for the seats of the other two members under clause (h) thereof. 8. The poll shall be held on the date, time and place fixed by the Chairman and the counting of votes shall take place immediately after the close of the polling. 9. The candidate for each seat who obtained the highest number of votes shall be declared elected by the Chairman. 10. In the case of equal number of votes, the result shall be decided by draw of lots.