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htm

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Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959

(Tamil Nadu Act 22 of 1959)
Last Updated 15th September, 2020 [tn520]

Received the assent of the President on the 19th November 1959 and first published in the Fort St.
George Gazette, dated 2nd December 1959.

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LEGISLATIVE HISTORY 6
An Act to amend and consolidate the law relating to the administration and governance of Hindu
Religious and Charitable Institutions and Endowments in the [State of Tamil Nadu.]
Whereas it is expedient to amend and consolidate the law relating to the administration and governance
of Hindu Religious and Charitable Institutions and Endowments in the [State of Tamil Nadu].
Be it enacted in the Tenth Year of the Republic of India as follows:-

CHAPTER I

Preliminary

1. Short title, extent, application and commencement. - (1) This Act may be called the [Tamil Nadu]
Hindu Religious and Charitable Endowments Act, 1959.
(2) It extends to the whole of the [State of Tamil Nadu].
(3) It applies to all Hindu public religious institutions and endowments [including] the Incorporated
Devaswoms and Unincorporated Devaswoms.
Explanation. - In this sub-section, Hindu public religious institutions and endowments do not include
Jain religious institutions and endowments.
(4) (a) The provisions of this Act except the provisions of-
(i) sub-section (4) of section 92, in so far as that sub-section relates to Consultative
Committees and sub-committees thereof, and

(ii) clause (xxi)(b) of sub-section (2) of section 116, shall come into force on such date as the
Government may, by notification, appoint; and different dates may be appointed for different
areas and for different provisions of this Act.
(b) The provisions of sub-section (4) of section 92 in so far as that sub-section relates to
Consultative Committees and Sub-Committees thereof and of clause (xxi)(b) of sub-section (2) of
section 116 shall be deemed to have come into force on the 28th November 1958.

Object & Reasons 6

2. Power to extend Act to Jain religious institutions and endowments. - (1) The Government may,
by notification, extend to Jain public religious institutions and endowments, all or any of the provisions of
this Act and of any of rules made thereunder and, thereupon, the provisions so extended shall apply to
such institutions and endowments:
Provided that before issuing such a notification, the Government shall publish in the [Fort St. George
Gazette] a notice of their intention to do so, fix a period which shall not be less than two months from
the date of publication of the notice for the persons interested in the institutions and endowments
concerned to show cause against the issue of the notification and consider their objections, if any.
(2) In this Act, wherever the word "Hindu" occurs, it shall, in respect of Jain public religious institutions

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and endowments to which the provisions of this Act have been extended under sub-section (1), be
construed to mean "Jain" unless the context otherwise requires.
3. Power to extend Act to charitable endowments. - (1) Where the Government have reason to
believe that any Hindu or Jain public charitable endowment is being mismanaged, they may direct the
Commissioner to inquire, or to cause an inquiry to be made by any officer authorised by him in this
behalf, into the affairs of such charitable endowment and to report to them whether, in the interests of
the administration of such charitable endowment, it is necessary to extend thereto all or any of the
provisions of this Act and of any rules made thereunder.
(2) The Commissioner or the officer authorised by him under sub-section (1) shall, while making an
inquiry under that sub-section, have all the powers of a Civil Court under the Code of Civil Procedure,
1908 (Central Act V of 1908) for the purposes of enforcing the attendance of witnesses and compelling
the production of books, accounts, documents, securities, cash and other properties belonging to, or in
the custody of, such charitable endowment and shall follow the procedure applicable under the said
Code in regard to recording of evidence and hearing of parties.
(3) If, after considering the report of the Commissioner submitted under subsection (1), the Government
are satisfied that such charitable endowment is being mismanaged and that, in the interests of the
administration of such charitable endowment, it is necessary to extend thereto all or any of the
provisions of this Act and of any rules made thereunder, they may, by notification, extend to such
charitable endowment the said provisions, and thereupon, the provisions so extended shall apply to
such charitable endowment as if it were a specific endowment:
Provided that before issuing such a notification, the Government shall publish in the [Fort St. George
Gazette] a notice of their intention to do so, specifying the reasons for the action proposed to be taken
by them and fixing a period which shall not be less than two months from the date of publication of the
notice, for the persons interested in the endowment concerned to show cause against the issue of the
notification and consider their objections, if any.
(4) Notwithstanding anything contained in this section, the Government may, on application made by the
trustee of any Hindu or Jain public charitable endowment, or where there are more trustees than one,
then by those trustees or a majority of them and with the concurrence of the trustee or trustees making
the application, extend, by notification, to such charitable endowment all or any of the provisions of this
Act and of any rules made thereunder, and thereupon, the provisions so extended shall apply to such
charitable endowment as if it were a specific endowment.
4. Exemptions. - [The Government may, by notification, exempt whether prospectively or
retrospectively] from the operation of any of the provisions of this Act or of any rules made thereunder
any religious institution or religious or charitable endowment or vary or cancel any such exemption:
Provided that, before such exemption is varied or cancelled, the person affected shall be given a
reasonable opportunity of showing cause against such variation or cancellation.

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5. Certain Acts not to apply to Hindu Religious Institutions and Endowments. - The following
enactments shall cease to apply to Hindu Religious Institutions and Endowments, namely:-
(a) The [Tamil Nadu] Endowments and Escheats Regulation, 1817 ([Tamil Nadu] Regulation VII of
1817);
(b) the Religious Endowments Act, 1863 (Central Act XX of 1863);
(c) the Charitable Endowments Act, 1890 (Central Act VI of 1890);
(d) the Charitable and Religious Trusts Act, 1920 (Central Act XIV of 1920); and
(e) sections 92 and 93 of the Code of Civil Procedure, 1908 (Central Act V of 1908).

6. Definitions. - In this Act, unless the context otherwise requires,-

[(1) "Additional Commissioner" means an Additional Commissioner appointed under section 9;
(1-A) "Advisory Committee" means the Committee Constituted by the Government under sub-
section (1) of section 7;]
(2) [Omitted by section 2 of the Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1968 (Tamil Nadu Act 19 of1968).]
(3) "Assistant Commissioner" means an Assistant Commissioner appointed under section 9;
(4) "Board" means the Board constituted under section 10 of the Hindu Religious Endowments Act,
1926 (Madras Act II of 1927);
(5) "Charitable endowment" means all property given or endowed for the benefit of, or used as of
right by, the Hindu or the Jain community or any section thereof for the support or maintenance of
objects of utility to the said community or section, such as rest-houses, choultries, patasalas,
schools and colleges, houses for feeding the poor and institutions for the advancement of
education, medical relief and public health or other objects of a like nature; and includes the
institution concerned;
(6) "Commissioner" means the Commissioner appointed under section 9;
(7) "Court" means-
(i) in relation to a math or temple situated in the Presidency-town, the [Chennai] City Civil
Court;

(ii) in relation to a math or temple situated elsewhere, the Subordinate Judge's Court having
jurisdiction over the area in which the math or temple is situated, or if there is no such
Court, the District Court having such jurisdiction;

(iii) in relation to a specific endowment attached to a math or temple, the Court which would
have jurisdiction as aforesaid in relation to the math or temple;

(iv) in relation to a specific endowment attached to two or more maths or temples, any Court
which would have jurisdiction as aforesaid in relation to either or any of such maths or
temples;

(8) "Deputy Commissioner" means a Deputy Commissioner appointed under section 9;

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[(8-A) "District Committee" means the Committee constituted by the Government under section 7-A;]
(9) "Executive Officer" means a person who is appointed to exercise such powers and discharge
such duties appertaining to the administration of a religious institution as are assigned to him by
or under this Act or the rules made thereunder or by any scheme settled or deemed to have been
settled under this Act;
(10) "Government" means the State Government;
(11) "hereditary trustee" means the trustee of a religious institution, the succession to whose office
devolves by hereditary right or is regulated by usage or specifically provided for by the founder,
so long as such scheme of succession is in force;
(12) "Incorporated Devaswoms" means the Devaswoms mentioned in Schedule I [xxx]
[(12-A) "Inspector" means an Inspector in the Hindu Religious and Charitable Endowments
Administration Department;]
[(12-B)] "Joint Commissioner" means a Joint Commissioner appointed under section 9;
(13) "math" means a Hindu religious institution with properties attached thereto and presided over
by a person, the succession to whose office devolves in accordance with the direction of the
founder of the institution, or is regulated by usage and-

(i) whose duty it is to engage himself in imparting religious instruction or rendering spiritual
service; or

(ii) who exercises or claims to exercise spiritual headship over a body of disciples;

and includes places of religious worship or instruction which are appurtenant to the institution.
Explanation. - Where the headquarters of a math are outside the State, but the math has properties
situated within the State, control shall be exercised over the math in accordance with the provision of
this Act, in so far as the properties of the math situated within the State are concerned;
(14) "non-hereditary trustee" means a trustee who is not a hereditary trustee;
(15) "person having interest" means-

(a) in the case of a math, a disciple of the math or a person of the religious persuasion to
which the math belongs;

(b) in the case of a temple, a person who is entitled to attend at or is in the habit of attending
the performance of worship or service in the temple, or who is entitled to partake or is in the
habit of partaking in the benefit of the distribution of gifts thereat;

(c) in the case of a specific endowment, a person who is entitled to attend at or is in the habit
of attending the performance of the service or charity, or who is entitled to partake or is in
the habit of partaking in the benefit of the charity;

[(d) in the case of a samadhi, brindhavan or any other institution established or maintained for
a religious purpose, a person who is entitled to attend at or is in the habit of attending the
performance of worship or service in such religious institution, or who is entitled to partake

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or is in the habit of partaking in the benefit of the distribution of gifts thereat;]

(15-A) [Inserted by section 2 of the Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1978 (Tamil Nadu Act 42 of 1978) and subsequently was omitted by section
2(3) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1991
(Tamil Nadu Act 46 of 1991).]
(16) "religious chanty" means a public charity associated with a Hindu festival or observance of a
religious character, whether it be connected with or math or temple or not;
(17) "religious endowment" or "endowment" means all property belonging to or given or endowed for
the support of maths or temples, or given or endowed for the performance of any service or
charity of a public nature connected therewith or of any other religious charity; and includes the
institution concerned and also the premises thereof; but does not include gifts of property made
as personal gifts to the archaka, service-holder or other employee of a religious institution;

Explanation 1. - Any inam granted to an archaka, service-holder or other employee of a religious

institution for the performance of any service or charity in or connected with a religious institution shall
not be deemed to be a personal gift to the archaka, service-holder or employee, but shall be deemed to
be a religious endowment.
Explanation 2. - All property which belonged to, or was given or endowed for the support of a religious
institution, or which was given or endowed for the performance of any service or charity of a public
nature connected therewith or of any other religious charity shall be deemed to be a "religious
endowment" or "endowment" within the meaning of this definition, notwithstanding that, before or after
the date of the commencement of this Act, the religious institution has ceased to exist or ceased to be
used as a place of religious worship or instruction or the service or charity has ceased to be performed:
Provided that this Explanation shall not be deemed to apply in respect of any property which vested in
any person before the 30th September 1951, by the operation of the law of limitation;
[(18) "religious institution" means a math, temple or specific endowment and includes,-
(i) a samadhi or brindhavan; or

(ii) any other institution established or maintained for a religious purpose.

Explanation. - For the purpose of this clause-

(1) "samadhi" means a place where the mortal remains of a guru, sadhu or saint is interned
and used as a place of public religious worship;

(2) "brindhavan" means a place established or maintained in memory of a guru, sadhu or saint
and used as a place of public religious worship, but does not include Samadhi;]
[(18-A) "Scheduled Castes" and "Scheduled Tribes" shall have the same meaning assigned to them,
respectively, in clauses (24) and (25) of Article 366 of the Constitution;]
(19) "specific endowment" means any property or money endowed for the performance of any
specific service or charity in a math or temple, or for the performance of any other religious
charity, but does not include an inam of the nature described in Explanation 1 to clause (17).

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Explanation 1. - Two or more endowments of the nature specified in this clause, the administration of
which is vested in a common trustee, or which are managed under a common scheme settled or
deemed to have been settled under this Act shall be construed as a single specific endowment for the
purposes of this Act.
Explanation 2. - Where a specific endowment attached to a math or temple is situated partly within the
State and partly outside the State, control shall be exercised in accordance with the provisions of this
Act over the part of the specific endowment situated within the State;
(20) "temple" means a place by whatever designation known used as a place of public religious
worship, and dedicated to, or for the benefit of, or used as of right by, the Hindu community or
any section thereof, as a place of public religious worship.

Explanation. - Where a temple situated outside the State has properties situated within the State,
control shall be exercised over the temple in accordance with the provisions of this Act, in so far as the
properties of the temple situated within the State are concerned;
(20-A) [Inserted by section 2(4) of the Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1991 (Tamil Nadu Act 46 of 1991), was subsequently omitted by section 2(4)
of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1996 (Tamil
Nadu Act 39 of 1996).]
(21) "transferred territory" means the Kanyakumari district and the Shencottah taluk of the
Tirunelveli district;
(22) "trustee" means any person or body by whatever designation known in whom or in which the
administration of religious institution is vested, and includes any person or body who or which is
liable as if such person or body were a trustee;
(23) "Unincorporated Devaswoms" means the Devaswoms mentioned in Schedule II [xxx].

[xxx]
[7. Constitution of Advisory Committee. - (1) The Government shall constitute, for the State of Tamil
Nadu, a Committee called the Advisory Committee consisting of the following members, namely:-
(a) the Chief Minister, who shall be the Chairman, ex-officio;
(b) the Minister in-charge of the portfolio of Hindu Religious and Charitable Endowments who shall
be the Vice-Chairman, ex-officio;
(c) the Secretary to Government in-charge of Hindu Religious and Charitable Endowments, who
shall be Member, ex-officio;
(d) such number of non-officials not [xxx] professing Hindu Religion, nominated by the Government,
of whom one shall be a member of the Scheduled Castes or Scheduled Tribes;
(e) the Commissioner, who shall be the Member Secretary, ex-officio.

(2) The term of office of non-official members shall be three years and other matters relating to the
Advisory Committee shall be such as may be prescribed.
(3) The Government may, after giving a show cause notice, remove all or any of the non-official

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members of the Advisory Committee in the public interest.]

[7A. Constitution of District Committee. - (1) In respect of all religious institutions, other than those
falling under clause (iii) of section 46, situated within the territorial jurisdiction of a revenue district, the
Government shall constitute a committee called the District Committee consisting of not less than three
and not more than five non-official members, as may be nominated by the Government. The members
of the District Committee shall be scholars, philanthropists or religious minded persons, and qualified for
appointment as trustees under this Act.
(2) The term of office of the members of the District Committee shall be three years and other matters
relating to the said Committee shall be such as may be prescribed.
(3) The Government may, after giving a show cause notice, remove all or any of the members of the
District Committee in the public interest.
(4) The District Committee shall prepare, in such manner as may be prescribed, panel of names of
persons who are qualified for appointment as trustees under this Act (including women and members of
Scheduled Castes and Scheduled Tribes) and suitable for appointment as non-hereditary trustees or
trustees, as the case may be, and shall send it to - .
(i) the Joint Commissioner or the Deputy Commissioner, in respect of religious institutions falling
under clause (i) of section 46;
(ii) the Commissioner, in respect of religious institutions falling under clause (ii) of section 46; and
(iii) the Assistant Commissioner, in respect of religious institution which is not included in the list
published under section 46 and is not a religious institution notified or deemed to have been
notified under Chapter VI of this Act.

(5) Notwithstanding anything contained in this section, the District Committee shall have no jurisdiction
to send any panel of names of persons under this section in respect of any religious institution for which
a scheme has been settled or deemed to have been settled under this Act by the High Court or any
Court subordinate to the High Court.]

CHAPTER II

[The Commissioner and Other Controlling Authorities]

[8. Authorities under the Act. - There shall be the following classes of authorities under this Act,
namely:-
(a) the Commissioner;
[(aa) Additional Commissioner;]
(b) Joint Commissioners;
(c) Deputy Commissioners; and
(d) Assistant Commissioners.]

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9. The Government to appoint Commissioner, etc. - (1) The Government shall appoint [the
Commissioners, the Additional Commissioner] and [such number of Joint, Deputy and Assistant
Commissioners] as they think fit.
(2) (a) Appointment to the post of Commissioner shall be-
(i) by transfer from among the members of the [Madras State Higher Judicial Service] or of the
[Madras State Judicial Service] or of any other service, or

[(ii) by promotion from Additional Commissioner, or;]

(iii) by direct recruitment.

[(aa) Appointment to the post of Additional Commissioners from Joint Commissioner;]
[(aaa) Appointment to the post of Joint Commissioner shall be by promotion from Deputy
Commissioner;]
(b) Appointment to the post of Deputy Commissioner shall be-

(i) by transfer from among the members of the [Tamil Nadu] State Judicial Service or of any
other service, or

(ii) by promotion from Assistant Commissioners, or

(iii) by direct recruitment, or

(iv) by agreement or contract.

[(c) ***]

10. Commissioner, etc., to be Hindus. - [The Commissioner, the Additional Commissioner] [every
Joint, Deputy or Assistant Commissioner] and every other officer or servant appointed to carry out of the
purposes of this Act, by whomsoever appointed, shall be a person professing the Hindu religion, and
shall cease to hold office as such when he ceases to profess that religion.
[11. Commissioner to be corporation sole. - The Commissioner shall be a corporation sole and shall
have perpetual succession and a common seal and may sue and be sued in his corporate name.]
12. Commissioner, etc., to be servants of Government. - [(1) [[The Commissioner, Additional
Commissioner, Joint Commissioners.] Deputy Commissioners, Assistant Commissioners and other
officers and servants including executive officers of religious institutions employed for the purposes of
this Act shall be servants of the Government and their salaries, allowances, pensions and other
remuneration shall be paid in the first instance out of the Consolidated Fund of the State. The [xxx] cost
of auditing the accounts of religious institutions shall also be paid in the first instance out of the
Consolidated Fund of the State.
(2) (a) The Commissioner shall, out of the [Tamil Nadu Hindu Religious and Charitable Endowments
Administration Fund], repay to the Government sums paid by the Government under sub-section (1).
(b) [Omitted by section 2 of the Hindu Religious and Charitable Endowments Act, 2006, (Tamil Nadu
Act 1 of2006).]

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(c) (i) For the purpose of pension or other remuneration payable to any Executive Officer. serving
immediately before the date of the commencement of this Act and retiring on or after that date,
the Government may take into account the service of such officer before that date, subject to
such conditions as may be prescribed;

(ii) The Commissioner may recover from the religious institution concerned also the portion of
the pension or other remuneration attributable to the service of such Executive Officer as is
mentioned in sub-clause (i) before the date of the commencement of this Act.]

13. Delegation to [Additional Commissioner], [Joint Commissioners or Deputy Commissioners].

- (1) The Commissioner shall, with the previous approval of the Government, specify the area within
which each [Joint Commissioners or Deputy Commissioners] or if there is more than one, shall exercise
the powers conferred and discharge the duties imposed by this Act or the rules made thereunder on a
[Joint Commissioner or Deputy Commissioner] as such.
(2) The Commissioner may delegate any of the powers conferred or duties imposed on him by this Act
or the rules made thereunder [including the powers and duties of an Assistant Commissioner which may
be exercised by the Commissioner under the proviso to sub-section (2) of section 14, but not including
the powers and duties of the Commissioner under [sections 21,22,46,47,59,69 and 72] or sub-section
(2) of section 92] in respect of any area or of any class or group of institutions in the State or any area
therein to a [Additional Commissioner,] [Joint Commissioner,] or Deputy Commissioner] subject to such
restrictions and control as the Government may, by general or special order lay down and subject also
to such limitations and conditions, if any, as may be specified in the order of delegation.
[13A. Powers and duties of [Additional Commissioner and Joint Commissioner]. - Subject to the
administrative control of the Commissioner, [the Additional Commissioner or the Joint Commissioner, as
the case may be,] shall exercise such powers and discharge such duties of the Commissioner as may,
from time to time, be determined by the Government, and any order passed or proceeding taken by [the
Additional Commissioner or the Joint Commissioner, as the case maybe,] in exercise of such powers
and discharge of such duties shall be deemed to be an order of the Commissioner for the purposes of
this Act.]
14. Territorial jurisdiction and powers and duties of [Assistant Commissioners]. - (1) The
Commissioner shall, with the previous approval of the Government, divide the State into divisions, each
of which shall be in the charge of an Assistant Commissioner.
(2) An Assistant Commissioner shall exercise the powers conferred and discharge the duties imposed
on him by this Act or the rules made thereunder in respect of his division:
Provided that the Commissioner may, by order in writing; declare that the exercise and discharge of all
or any of such powers and duties shall be subject to such exceptions, limitations and conditions as may
be specified in the order, and may himself exercise or discharge, any power or duty so excepted.
[(2-A) Without prejudice to the provisions of sub-section (2), an Assistant Commissioner shall exercise
the powers conferred and discharge the duties imposed on him by this Act or the rules made thereunder

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in respect of-
(i) all temples situated in his division other than temples included in the list published under section
46,
(ii) the specific endowments attached to such temples, other than the specific endowments included
in the list published under section 46, and
(iii) the charitable endowments in his division to which the provisions of this Act have been extended
under section 3:

Provided that where a specific endowment is attached to two or more temples comprised within the
jurisdiction of two or more Assistant Commissioners, or where a charitable endowment to which the
provisions of this Act have been extended under section 3 consists of properties situated within the
jurisdiction of two or more Assistant Commissioners, the Commissioner shall decide as to which of the
Assistant Commissioners shall exercise the powers and discharge the duties in respect of such specific
endowment or charitable endowment:
Provided further that where a specific endowment is attached partly to one or more temples included in
the list published under section 46 and partly to one or more temples not so included, only the
Commissioner shall exercise the powers and discharge the duties in respect of such specific
endowments.]
(3) The Commissioner may delegate to an Assistant Commissioner any of the powers conferred or
duties imposed on the Commissioner by this Act or the rules made thereunder (other than the powers
and duties referred to in [section 21,22,46,47,59,69,72] or sub-section (2) of section 92,) in respect of
the division of the Assistant Commissioner or of any institutions or any class or group of institutions in
that division, subject to such restrictions and control as the Government may, by general or special
order, lay down and subject also to such limitations and conditions, if any, as may be specified in the
order of delegation.
[(4) The Inspector shall discharge such duties as maybe assigned to him by the Commissioner either,
by general or special order, under the Act, or the rules made thereunder, in respect of such religious
institutions as may be prescribed.]
15 to 20. [These sections were omitted by section 6 of the Tamil Nadu Hindu Religious and Charitable
Endowments (Amendment) Act, 1968 (Tamil Nadu Act 19 of 1968).]
21. Power of Commissioner to call for records and pass orders. - (1) The Commissioner may call
for and examine the record of [any Joint or Deputy or Assistant Commissioner] or of any trustee of a
religious institution other than a math or a specific endowment attached to a math in respect of any
proceeding under this Act [not being a proceeding, in respect of which a suit or an appeal to a Court is
provided by this Act, or in respect of which an application for revision has been preferred under section
21-A to the Joint Commissioner or Deputy Commissioner and is pending disposal by him] to satisfy
himself as to the regularity of such proceeding, or the correctness, legality or propriety of any decision

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or order passed therein.

(2) If any such decision or order has been passed by [any Joint or Deputy or Assistant Commissioner],
or by the trustee of any religious institution other than a math or a specific endowment attached to a
math and other than one included in the list published under section 46, and it appears to the
Commissioner that the decision or order should be modified, annulled, reversed or remitted for re-
consideration, he may pass orders accordingly.
(3) (a) If any such decision or order has been passed [xxx] by the trustee of any religious institution
included in the list published under section 46, the Commissioner may, if he thinks fit, remit the matter
together with his observations in regard thereto [to the trustee,] for re-consideration of the decision or
order and report to the Commissioner within a time to be specified by him in this behalf.
(b) On receipt of, and after considering, such report, it shall be open to the Commissioner to modify,
annul or reverse the decision or order, as revised after such re-consideration, as the case may
be.
(c) If the report is not received by the Commissioner within the time specified or such further time as
may be granted by him, the Commissioner may modify, annul or reverse the decision or order of
[the trustee].

(4) (a) The Commissioner may call for and examine the record of any trustee of a math or a specific
endowment attached to a math in respect of any proceeding under this Act (not being a proceeding in
respect of which a suit or an appeal to a Court is provided by this Act) to satisfy himself as to the legality
of any decision or order passed therein.
(b) If any such decision or order has been passed illegally by the trustee of a math or a specific
endowment attached to a math and it appears to the Commissioner that the decision or order
should be modified, annulled, reversed or remitted for re-consideration, he may pass orders
accordingly.

(5) The Commissioner shall not pass any order prejudicial to any party under sub-section (2) or clause
(b) or clause (c) of sub-section (3), or under clause (b) of sub-section (4), without hearing him or giving
him a reasonable opportunity of being heard.
(6) The Commissioner may stay the execution of any decision or order of the nature referred to in sub-
section (1) or clause (a) of sub-section (4), pending the exercise of his powers under sub-section (2) or
sub-section (3) or under clause (b) of sub-section (4) in respect thereof.
(7) Every application to the Commissioner for the exercise of his powers under this section shall be
preferred within three months from the date on which the order or proceeding to which the application
relates was communicated to the applicant.
[21A. Powers of Joint or Deputy Commissioner to call for records and pass order. - (1) The Joint
or Deputy Commissioner may call for and examine the record of any Assistant Commissioner in respect
of any proceeding under this Act (not being a proceeding in respect of which a suit or an appeal to a
Court is provided by this Act), to satisfy himself as to the regularity of such proceeding, or the

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correctness, legality or propriety of any decision or order passed therein.

(2) If, any such decision or order has been passed by any Assistant Commissioner and it appears to the
Joint or Deputy Commissioner that the decision or order should be modified, annulled, reversed or
remitted for re-consideration, he may pass orders accordingly.
(3) The Joint or Deputy Commissioner shall not pass any order prejudicial to any party under sub-
section (2) without hearing him or giving him a reasonable opportunity of being heard.
(4) The Joint or Deputy 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 sub-section (2) in respect
thereof.
(5) Every application to the Joint or Deputy Commissioner for the exercise of his powers under this
section shall be preferred within three months from the date on which the decision or order to which the
application relates was communicated to the applicant.]
22. Other powers of the Commissioner. - (1) The Commissioner shall have power, at any stage,-
(a) to transfer any proceeding pending before [a Joint or a Deputy or an Assistant Commissioner] to
his own file and dispose of it himself, or
(b) to transfer it to another [Joint or Deputy or Assistant Commissioner] for disposal.

(2) If the Commissioner is satisfied that [a Joint or a Deputy or an Assistant Commissioner] has failed to
exercise any power or discharge any duty which he ought to have exercised or discharged, the
Commissioner may himself exercise such power or discharge such duty.
(3) [Omitted by section 8(i) of the Tamil Nadu Hindu Religious Charitable Endowments (Amendment)
Act, 1968 (Tamil Nadu Act 19 of 1968).]
(4) Notwithstanding anything contained in this Act, where the office of [a Joint or a Deputy or an
Assistant Commissioner] is vacant, the Commissioner may, until the vacancy is filled,-
(a) himself exercise the powers conferred and discharge the duties imposed by this Act or the rules
made thereunder on the [Joint or Deputy or Assistant Commissioner], or
(b) authorise another [Joint or Deputy or Assistant Commissioner] to exercise the said powers and
discharge the said duties.

(5) Any party aggrieved by an order of the Commissioner under subsection (l)(a), (2), [xxx] (4)(a), not
being an order against which a suit or an appeal to a Court is provided in this Act, may appeal to the
Government within three months from the date of the receipt of the order by him:
Provided that the Government shall not pass any order prejudicial to any party unless he has had a
reasonable opportunity of making his representations.

CHAPTER III

Religious Institutions General Provisions

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23. Powers and duties of the [Commissioner] in respect of [temples and religious endowments].
- Subject to the provisions of this Act, the administration of [all temples (including specific endowments
attached thereto) and all religious endowments] shall be subject to the general superintendence and
control of [the Commissioner]; and such superintendence and control shall include the power to pass
any orders which may be deemed necessary to ensure that [such temples and endowments] are
properly administered and that their income is duly appropriated for the purposes for which they were
founded or exist:
Provided that [the Commissioner] shall not pass any order prejudicial to any temple or endowment
unless the trustees concerned have had a reasonable opportunity of making their representations.
[24. Power to enter religious institutions. - (1) [The Commissioner or an Additional] or a Joint or a
Deputy or an Assistant Commissioner or any officer authorised by the Commissioner or [Additional
Commissioner or Joint Commissioner or Deputy Commissioner], or the Assistant Commissioner in his
behalf shall have power to enter the premises of any place of worship for the purpose of exercising any
power conferred or discharging any duty imposed by this Act or the rules made thereunder.
(2) If any such officer 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 not below the rank of Sub-Inspector to
render such help as may be necessary to enable the officer to exercise such power or discharge such
duty.
(3) Before entering the sanctum sanctum or pooja gruha or any other portion held specially sacred
within the premises of a religious institution or place of worship, the person authorised by or under sub-
section (1) or the police officer referred to in sub-section (2), shall give reasonable notice to the trustee
or head of the institution and shall have due regard to the religious practice or usage of the institution.
(4) Nothing in this section shall be deemed to authorise any person who is not a Hindu to enter the
premises or place or any part thereof referred to in this section.
(5) If any question arises, whether the religious practice or usage of the institution prohibits entry into
the sanctum sanctorum or pooja gruha or any other portion held specially sacred within the premises of
a religious institution, or place of worship, by the person or police officer mentioned in sub-section (3),
the question shall be referred for the decision of the Commissioner. Before giving any decision on any
such question, the Commissioner may make such enquiry as he deems fit.
(6) Any person aggrieved by the decision of the Commissioner under sub-section (5), may, within one
month from the date of the decision, appeal to the Government:
Provided that the Government shall not pass any order prejudicial to any party unless he has had a
reasonable opportunity of making his representations.]
25. [Commissioner], etc., to observe appropriate forms and ceremonies. - [The Commissioner, an
Additional Commissioner] a Joint Commissioner, a Deputy Commissioner or an Assistant Commissioner
and every other person exercising powers of superintendence or control under this Act, shall, so far as

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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.
[25A. Qualifications of trustees. - A person shall be qualified for being appointed as, and for being, a
trustee of any religious institution or endowment-
(a) if he has faith in God;
(b) if he possesses good conduct and reputation and commands respect in the locality in which the
religious institution or endowment is situated;
(c) if he has sufficient time and interest to attend to the affairs of the religious institution or
endowment; and
(d) if he possesses such other merit incidental thereto.]

26. [Disqualifications of trustees]. - [(1)' A person shall be disqualified for being appointed as, and for
being, a trustee of any religious institution or endowment,-
(a) if he does not profess the Hindu Religion;
(b) if he is not a citizen of India;
(c) except in the case of a hereditary trustee, if he is less than twenty-five years of age;
(d) if he is an undischarged insolvent;
(e) if he is of unsound mind or is suffering from mental defect or infirmity which would render him
unfit to perform the functions and discharge the duties of a trustee or is suffering from leprosy or
any other loathsome disease;
(f) if he has been removed or dismissed from service under the Central Government or any State
Government or any local authority;
(g) if he has been sentenced by a criminal court for an offence involving moral delinquency, such
sentence not having been reversed or the offence pardoned;
(h) if he has acted adverse to the interest of any religious institution or endowment;
(i) if he is in arrears of any kind due by him to any religious institution or endowment.

(1-A) A person shall be disqualified for being appointed as, and for being, a trustee of a religious
institution or endowment,-
(a) if he is interested in a subsisting lease of any property of, or contract made with or any work
being done for the religious institution or endowment;
(b) if he is employed as a paid legal practitioner on behalf of or against the religious institution or
endowment.]

(2) If a trustee-
(a) becomes subject to any of the disqualifications mentioned in [sub-section (1) or sub-section (1-
A)]; or
[(b) resigns his seat by writing under his hand addressed-

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(i) in the case of trustee appointed by the Assistant Commissioner, to the Assistant
Commissioner;

(ii) in the case of trustee appointed by the Joint/Deputy Commissioner, to the Joint/Deputy
Commissioner; and

(iii) in any other case, to the Commissioner, his seat shall thereupon become vacant].

(3) If any question arises as to whether a trustee has become subject to any of the disqualifications
mentioned in [sub-section (1) or sub-section (1-A)], the question shall be referred for the decision of [the
Joint/Deputy Commissioner].
(4) If a hereditary trustee becomes subject to any of the disqualifications mentioned in [sub-section (1)
or sub-section (1-A)], [the Joint Commissioner or the Deputy Commissioner, as the case may be,] may
supersede the trustee.
[(5) Any person affected by an order of the Joint/Deputy Commissioner under sub-section (3) or sub-
section (4) may, within one month from the date of receipt of the order by him, appeal against the order,
to the Commissioner.]
(6) The trustee of a religious institution for which a Board of Trustees has been constituted shall cease
to hold office if he absents himself from three consecutive meetings of such Board of Trustees within a
period of two months:
Provided that when a person who has ceased to be a trustee by reason of such absence applies for
restoration within one month from the date of the last of the three meetings, the Board of Trustees may,
at the meeting next after the receipt of such application, restore him to his office of trustee; but a trustee
shall not be so restored more than once during his term of office.
Explanation. - A meeting adjourned for want of quorum shall deemed to be a meeting for the purpose of
this sub-section.
27. Trustee bound to obey orders issued under Act. - The trustee of a religious institution shall be
bound to obey all lawful orders issued under the provisions of this Act by the Government [the
Commissioner, the Additional Commissioner,] the Joint Commissioner, the Deputy Commissioner or the
Assistant Commissioner.
28. Care required of trustee and his powers. - (1) Subject to the provisions of the [Tamil Nadu]
Temple Entry Authorisation Act, 1947 ([Tamil Nadu] Act V of 1947), the trustee of every religious
institution is bound to administer its affairs and to apply its funds and properties in accordance with the
terms of the trust, the usage of the institution and all lawful directions which a competent authority may
issue in respect thereof and as carefully as a man of ordinary prudence would deal with such affairs,
funds and properties if they were his own.
(2) A trustee shall, subject to the provisions of this Act, be entitled to exercise all powers incidental to
the provident and beneficial administration of the religious institution and to do all things necessary for
the due performance of the duties imposed on him.

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(3) A trustee shall not be entitled to spend the funds of the religious institution for meeting any costs,
charges or expenses incurred by him in any suit, appeal or application or other proceeding for,
incidental to, his removal from office or the taking of any disciplinary action against him:
Provided that the trustee may reimburse himself in respect of such costs, charges or expenses if he is
specifically permitted to do so by an order passed under section 102.
29. Preparation of register for all institutions. - (1) For every religious institution, there shall be
prepared and maintained a register in such form as [the Commissioner] may direct showing -
(a) the origin and history of the institution and the names of past and present trustees and
particulars as to the custom, if any, regarding succession to the office of trustee;
(b) particulars of the scheme of administration and of the dittam or scale of expenditure;
(c) the names of all offices to which any salary, emolument or perquisite is attached and the nature,
time and conditions of service in each case;
(d) the jewels, gold, silver, precious stones, vessels and utensils and other movables belonging to
the institution, with their weights and estimated value;
(e) particulars of all other endowments of the institution and of all title-deeds and other documents;
(f) particulars of the idols and other images in or connected with the institution, whether intended for
worship or for being carried in processions;
(g) particulars of ancient or historical records with their contents in brief;
(h) such other particulars as may be required by [the Commissioner].

(2) The register shall be prepared, signed and verified by the trustee of
the institution concerned or by his authorised agent and submitted by him to [the Commissioner],
directly in the case of a math, and through [the Assistant Commissioner] in other cases, within three
months from the date of the commencement of this Act or from the founding of the institution, as the
case may be, or within such further period as may be allowed by [the Commissioner] or [the Assistant
Commissioner]:
Provided that this sub-section shall not apply where a register so signed and verified has been
submitted to-
(i) the Board before the 30th September 1951; and
(ii) the Commissioner, after the 30th September 1951 and before the date of the commencement of
this Act.

(3) The Assistant Commissioner, if the register is submitted through him, may, after such inquiry as he
may consider necessary, recommend such alterations, omissions or additions in the register as he may
think fit.
(4) The Commissioner may, after receiving the register and the recommendations of the Assistant
Commissioner with respect thereto and making such further inquiry as he may consider necessary,
direct the trustee to make such alterations, omissions or additions in the register as he may deem fit.

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(5) The trustee shall carry out the orders of [the Commissioner] and then submit three copies of the
register as corrected to [the Commissioner] for approval.
(6) One copy of the register as approved by [the Commissioner] shall be furnished to the trustee and
the one [to (the Assistant Commissioner) concerned]].
30. Annual verification of the register. - The trustee or his authorised agent shall scrutinise the
entries in the register every year and submit to [the Commissioner for his approval directly or through
the Assistant Commissioner], as the case may require, a verified statement showing the alterations,
omissions or additions required in the register; and the provisions of sub-sections (3) to (6) of section 29
shall apply in relation to such statement as they apply in relation to a register.
31. Submission of register once in ten years. - The trustee or his authorised agent shall submit to
[the Commissioner for his approval directly or through the Assistant Commissioner], as the case may
require, once in every ten years (commencing from the year in which the register; required under
section 29 is first submitted) a consolidated register incorporating therein all alterations, omissions and
additions made or required to be made in the register submitted under section 29 and the provisions of
that section shall apply to such consolidated register as if it were a register submitted under that
section.
32. Trustee to furnish accounts, returns, etc. - (1) The trustee of every religious institution shall
furnish to [the Commissioner] such accounts, returns, reports or other information relating to the
administration of the institution, its funds, property or income or moneys connected therewith, or the
appropriation thereof, as [the Commissioner] may require and at such time and in such form as [he]
may direct.
(2) Without prejudice to the provisions contained in sub-section (1), [the Assistant Commissioner] in the
case of any religious institution other than a math [xxx] may require the trustee of such religious
institution to [furnish to him] such accounts, returns, reports or other information relating to the
administration of the institution, its funds, property or income or moneys connected therewith or the
appropriation thereof and at such time and in such form [as he may direct].
33. Inspection of property and documents. - (1) [the Commissioner] or any officer or other person
deputed by [the Commissioner] in this behalf, [xxx] may, with due regard to the religious practice or
usage of the institution, inspect all movable and immovable property belonging to, and all records,
correspondence, plans, accounts and other documents relating to, any religious institution.
(2) It shall be the duty of the trustee of the institution concerned and all officers and servants working
under him, his agent and any person having concern in the administration of the institution, to afford all
such assistance and facilities as may be necessary or reasonably required in regard to any inspection
made in pursuance of sub-section (1) and also to produce for inspection any movable property or
document referred to in sub-section (1) and to furnish such information as may be necessary in
connection with such inspection, if so required.

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(3) Where in the course of such inspection, it appears that the trustee of the institution concerned, or
any of the officers or servants working under him, his agent or any other person having concern in the
administration of the institution past or present, has misappropriated or fraudulently retained any money
or other property or incurred irregular, illegal or improper expenditure, [the Commissioner] may, after
giving notice to the trustee or person concerned to show cause why an order of surcharge should not be
passed against him and after considering his explanation, if any, by order, certify the amount so lost and
direct the trustee of such person to pay within a specified time such amount personally and not from the
funds of the institution.
The procedure laid down in sub-sections (3) to (7) of section 90 shall apply to recovery of amount of
surcharge.
34. Alienation of immovable trust property. - (1) Any exchange, sale or mortgage and any lease for a
term exceeding five years of any immovable property, belonging to, or given or endowed for the
purposes, of any religious institution shall be null and void unless it is sanctioned by [the Commissioner]
as being necessary or beneficial to the institution:
Provided that before such sanction is accorded, the particulars relating to the proposed transaction shall
be published in such manner as may be prescribed, inviting objections and suggestions with respect
thereto; and all objections and suggestions received from the trustee or other persons having interest
shall be duly considered by [the Commissioner]:
[Provided further that the Commissioner shall not accord such sanction without the previous approval of
the Government.]
Explanation. - Any lease of the property above mentioned though for a term not exceeding five years
shall, if it contains a provision for renewal for a further term (so as to exceed five years in the
aggregate), whether subject to any condition or not, be deemed to be a lease for a period exceeding
five years.
(2) When according such sanction, [the Commissioner] may impose such conditions and give such
directions as [he] may deem necessary regarding the utilisation of the amount raised by the transaction,
the investment thereof and in the case of a mortgage, regarding the discharge of the same within a
reasonable period.
(3) 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.
(4) The trustee may, within three months from the date of his receipt of a copy of the order, and any
person having interest may, within three months from the date of the publication of the order, [appeal to
the Court] to modify the order or set it aside.
[(4-A) The Government may issue such directions to the Commissioner as in their opinion are
necessary, in respect of any exchange, sale, mortgage or lease of any immovable property, belonging
to, or given or endowed for the purpose of, any religious institution and the Commissioner shall give

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effect to all such directions.]

(5) Nothing contained in this section shall apply to the inams referred to in section 41.
[34A. Fixation of lease rent. - (1) The lease rent payable for the lease of immovable property
belonging to, or given or endowed for the purpose of, any religious institution, shall be fixed by a
Committee consisting of the Joint Commissioner, the Executive Officer or the Trustee or the Chairman
of the Board of Trustees, as the case may be, of the religious institution and the District Registrar of the
Registration Department in the district concerned taking into account the prevailing market rental value
and the guidelines, as may be prescribed and such lease rent shall be refixed in the like manner once in
three years by the said Committee.
Explanation. - For the purpose of this sub-section, "prevailing market rental value" means the amount of
rent paid for similar types of properties situated in the locality where the immovable property of the
religious institution is situated.
(2) The Executive Officer or the Trustee or the Chairman of the Board of Trustees, as the case may be,
of the religious institution concerned, shall pass an order fixing the lease rent and intimate the same to
the lessee specifying a time within which such lease rent shall be paid.
(3) Any person aggrieved by an order passed under sub-section (2), may, within a period of thirty days
from the date of receipt of such order, appeal to the Commissioner, in such form and in such manner, as
may be prescribed.
(4) The Commissioner may, after giving the person aggrieved an opportunity of being heard, pass such
order as he thinks fit.
(5) Any person aggrieved by an order passed by the Commissioner under sub-section (4) may, within
ninety days from the date of receipt of such order, prefer a revision petition to the High Court:
Provided that no appeal or revision shall be entertained under sub-section (3) or sub-section (5), as the
case may be, unless it is accompanied by satisfactory proof of deposit of the lease rent so fixed or
refixed, in the account of the religious institution concerned and such amount shall be adjusted towards
the lease amount payable by the lessee as per the order passed in the appeal or revision, as the case
may be.
34B. Termination of lease of immovable property. - (1) The lease of immovable property belonging
to, or given or endowed for the purpose of, any religious institution shall be liable to be terminated on
the non-payment of the lease rent after giving a reasonable opportunity of being heard.
(2) No proceeding to terminate the lease shall be initiated, if-
(i) the time for appeal or revision under sub-section (3) or sub-section (5), as the case maybe, of
section 34-A has not expired; or
(ii) the order has been made the subject of such appeal or revision till the disposal of the matter.

(3) On the termination of the lease under sub-section (1), the property shall vest with the concerned
religious institution free from all encumbrances and the Executive Officer, the Trustee or the Chairman

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of the Board of Trustees, as the case may be, of such religious institution shall take possession of the
property including the building, superstructure and trees, if any.
34C. Payment of amount. - (1) There shall be paid an amount to the lessee for the building,
superstructure and trees, if any, erected or planted in accordance with the terms of agreement or with
the permission of the Commissioner by the lessee on the property vested with the religious institution
under section 34-B.
(2) The amount specified in sub-section (1) shall be determined by a Committee consisting of the Joint
Commissioner, Executive Engineer (Buildings) of Public Works Department having jurisdiction over the
area in which the religious institution is situated, the Divisional Engineer (Hindu Religious and
Charitable Endowments) concerned and the Executive Officer or the Trustee or the Chairman of the
Board of Trustees, as the case may be, of the religious institution and shall be paid by such religious
institution in such manner, as may be prescribed.
(3) In determining the amount, the Committee shall be guided by the provisions contained in sections
23,24 and other relevant provisions of the Land Acquisition Act, 1894 (Central Act I of 1894).
(4) The Executive Officer or the Trustee or the Chairman of the Board of Trustees, as the case may be,
shall pass an order specifying the amount payable under sub-section (1) after adjusting the arrears of
lease rent, if any, due.
(5) Any person aggrieved by an order passed under sub-section (4) may, within a period of thirty days
from the date of receipt of such order, appeal to the Commissioner in such form and in such manner, as
maybe prescribed.
(6) The Commissioner may, after giving the appellant an opportunity of being heard, pass such order as
he thinks fit.
(7) Any person aggrieved by an order passed by the Commissioner under sub-section (6) may, within
ninety days from the date of receipt of such order, prefer a revision petition to the High Court.
34D. Bar of jurisdiction of Civil Court. - Save as otherwise provided in section 34-A or 34-C, no suit
or other legal proceeding in respect of an order passed under section 34-A or 34-B or 34-C, as the case
may be, shall be instituted in any Court of Law.]
35. Authority of trustee to incur expenditure for securing health, etc., of pilgrims and
worshippers and for training of archakas, etc. - (1) The trustee of a religious institution may, out of
the funds in his charge, after making adequate provision for the purposes referred to in sub-section (2)
of section 86, incur expenditure-
(a) on arrangements for securing the health, safety or convenience of disciples, pilgrims or
worshippers resorting to the institution; and
(b) for the training of archakas, adhyapakas, vedaparayanikas and an othuvars.

(2) In incurring such expenditure, the trustee of the religious institution other than a math or a specific
endowment attached to a math shall be guided by such general or special instructions as may be given

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by [the Commissioner].
36. Utilisation of surplus funds. - With the previous sanction of [the Commissioner] and subject to
such conditions and restrictions as may be prescribed, the trustee of a religious institution may
appropriate for any of the purposes specified in sub-section (1) of section 66 -
(i) any portion of the accumulated surplus of such institution, and
(ii) if, after making adequate provision for the purposes referred to in subsection (2) of section 86
and also for the arrangements and the training referred to in sub-section (1) of section 35, there
is a surplus in the income of the institution for any year, any portion of such surplus:

Provided that the trustee shall, in appropriating the surplus under this section, give preference to the
purposes specified in items (a) to (g) of sub-section (1) of section 66:
Provided further that, before according the sanction under this section, [the Commissioner] shall publish
the particulars relating to the proposal of the trustee in such manner as may be prescribed, invite
objections and suggestions with respect thereto and consider all objections and suggestions received
from persons having interest:
Provided also that the sanction aforesaid shall be published in such manner as may be prescribed:
Provided also that nothing in this section shall prevent the trustee of a math or of a specific endowment
attached to a math from utilising the surplus referred to in this section in such manner as he deems fit.
[36A. Utilisation of surplus funds for Hindu marriages. - Notwithstanding anything contained in
section 36 and subject to such conditions and restrictions as may be prescribed, the trustee of a
religious institution may, in addition to the purposes mentioned in that section, appropriate any portion of
the surplus fund referred to in section 36 for the performance of Hindu marriages among Hindus who
are poor or in needy circumstances.]
[36B. Utilisation of surplus fund for making contribution towards any fund for the purpose of
feeding the poor, etc. - Notwithstanding anything contained in sections 36, 36-A and in any other
provision of this Act and subject to such conditions and restrictions as may be prescribed, the trustee of
a religious institution may, in addition to the purposes mentioned in sections 36 and 36-A, appropriate
any portion of the surplus fund referred to in section 36 for making any contribution towards any fund
constituted for the purpose of -
(i) feeding the poor; or
(ii) constructing any building, shed or centre for feeding the poor.]

37. Appeals. - Any person aggrieved by a decision of [the Commissioner] under section 36 may, within
ninety days from the date of the decision, appeal to the Government.
38. Enforcement of service or charity in certain cases. - (1) Where a specific endowment attached
to a math or temple consists merely of a charge on property and there is failure in the due performance
of the service or charity, the trustee of the math or temple concerned may require the person in
possession of the property on which the endowment is a charge, to pay the expenses incurred or likely

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to be incurred in causing the service or charity to be performed otherwise. In default of such person
making payment as required, the Commissioner in the case of a specific endowment attached to a
math, and [the Joint Commissioner or the Deputy Commissioner, as the case may be] in the case of a
specific endowment attached to a temple, may, on the application of the trustee and after giving the
person in possession, a reasonable opportunity of stating his objections in regard thereto, by order
determine the amount payable to the trustee.
(2) Where the person in possession of the property on which the endowment is a charge is not the
person responsible in law for the performance of the service or charity and any amount is paid by or
recovered from the person in possession, the Commissioner in the case of a specific endowment
attached to a math and [the Joint Commissioner or the Deputy Commissioner, as the case may be] in
the case of a specific endowment attached to a temple, may, on the application of the person in
possession and after giving the person responsible in law a reasonable opportunity of stating his
objections in regard thereto, by order, require the person responsible in law to pay to the person in
possession the amount so paid or recovered.
(3) Against an order of the Commissioner or [the Joint Commissioner or the Deputy Commissioner]
under sub-section (1), or sub-section (2), the trustee or the person affected may, within two months from
the date of the receipt of the order by him, appeal to the Government or the Commissioner, as the case
may be.
An order passed on appeal by the Government or the Commissioner shall be final.
(4) On application by the trustee to the Collector of the district in which the property referred to in sub-
section (1) is situated, or on application by the person in possession to the Collector of the district in
which is situated any property of the person responsible in law, as the case may be, the Collector shall
recover from the person in possession or the person responsible in law, as the case may be, the
amount specified in the order of the Commissioner or [the Joint Commissioner or the Deputy
Commissioner] as modified in appeal, if any, and the expenses of such recovery, as if they were arrears
of land revenue and pay to the trustee or, as the case may be, to the person in possession, the-amount
due to him.
39. Power of trustee of math or temple over trustees of specific endowments. - The trustee of a
specific endowment made for the performance of any service or charity connected with a math or
temple shall perform such service or charity subject to the general superintendence of the trustee of the
math or temple and shall obey all lawful orders issued by him.
40. Enfranchisement of land, etc., held by a devadasi on condition of service in a temple. - (1) (a)
(i) Where the remuneration for any service to be performed by a devadasi in temple consists of lands
granted or continued in respect of, or annexed to, such service by the Government, the Government
shall enfranchise the said lands from the condition of service, by the imposition of quit-rent.
(ii) Where the remuneration for such service consists of an assignment of land revenue so

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granted or continued, the Government shall enfranchise such assignment of revenue from
the condition of service:

Provided that where, at the time when proceedings are taken under this sub-clause, the devadasi is
herself the owner of the lands in respect of which the assignment of revenue has been made,
enfranchisement shall be effected and quit-rent imposed in the manner laid down in sub-clause (i).
(iii) Where the remuneration for such service consists in part of lands and in part of an
assignment of land revenue, enfranchisement of the lands shall be effected in the manner
laid down in sub-clause (i) and of the assignment of the land revenue in the manner laid
down in sub-clause (ii).

Explanation. - For the purposes of this clause, a grant shall be deemed to consist of an assignment of
land revenue in all cases in which the devadasi herself is not, at the time specified in the proviso to sub-
clause (ii), the owner of the lands in question.
(b) Enfranchisement under clause (a) shall be effected in accordance with such rules as the
Government may make in this behalf and shall take effect as and from such date as they may fix.

(2) Where the remuneration for such service consists in whole or in part of lands or of produce of lands
not falling under sub-section (1), the Government shall direct the District Collector to determine the
amount of rent payable on the lands or the produce in question. The District Collector shall, thereupon,
after giving notice to the party concerned and holding such inquiry as may be prescribed by the
Government, by an order, determine the amount of rent, and in doing so, he shall have due regard to -
(a) the rent payable by the tenant for lands of a similar description and with similar advantages in
the same village or neighbouring villages, and
(b) the improvements, if any, effected by the devadasi in respect of the lands.

Such order shall be communicated to the parties concerned and also published in the manner
prescribed.
(3) The amount of rent fixed by the District Collector under sub-section (2) may be questioned by
petition presented to the Board of Revenue within three months of the date of publication of the order
under the said sub-section, but subject to the result of such petition, the order of the District Collector
fixing the amount of rent under sub-section (2) shall be final and shall not be liable to be questioned in
any Court of Law:
Provided, however, that the [Board of Revenue] shall have power on sufficient grounds to entertain a
petition presented after the expiration of the period of three months.
(4) While determining the rent under sub-section (2), the District Collector shall fix a date from which the
order shall take effect and such lands or produce shall be deemed to have been freed from the
condition of service on and from the date so fixed.
(5) No obligation to render any service relating to any temple to which any devadasi may be subject by
reasons of any grant of land or assignment of land revenue or produce derived from land, shall be

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enforceable when such land, assignment or produce is enfranchised or freed, as the case may be, in
the manner herein before provided.
(6) No order passed under sub-section (1), (2) or (3) shall operate as a bar to the trial of any suit or
issue relating to the right to enjoy the land, or assignment of land revenue or produce derived from land,
as the case may be.
(7) (a) The quit-rent imposed under sub-section (1) shall be payable to the temple concerned.
(b) The assignment of land revenue enfranchised under sub-section (1), or the rent fixed under sub-
sections (2) and (3), as the case may be, shall be payable to the devadasi concerned during her
lifetime and after her death, to the temple concerned.

(8) Where any inam is granted for a service which is auxiliary to the service to be performed by a
devadasi in a temple, such inam shall be enfranchised or freed from the condition of service, as if it
were a devadasi inam; and the provisions of sub-sections (1) to (7) shall apply accordingly.
(9) For the purpose of this section, "devadasi" shall mean any Hindu unmarried female who is dedicated
for service in a temple.
41. Resumption and re-grant of inam granted for performance of any charity or service. - (1) Any
exchange, gift, sale or mortgage and any lease for a term exceeding five years of the whole or any
portion of any inam granted for the support or maintenance of a religious institution or for the
performance of charity or service connected therewith or of any other religious charity and made,
confirmed or recognised by the Government shall be null and void:
Provided that any transaction of the nature aforesaid (not being a gift) may be sanctioned by the
Government as being necessary or beneficial to the institution.
Explanation. - Nothing contained in this sub-section shall affect or derogate from the rights and
obligations of the landholder and tenant in respect of any land which is ryoti land as defined in the [Tamil
Nadu] Estates Land Act, 1908 ([Tamil Nadu] Act I of 1908).
(2) (a) The Collector may, on his own motion, or on the application of the trustee of the religious
institution or of the Commissioner or of any person having interest in the institution who has obtained
the consent of such trustee or the Commissioner, by order, resume the whole or any part of any such
inam, on one or more of the following grounds, namely:-
(i) that except in the case referred to in the proviso to sub-section (1), the holder of such inam
or part or the trustee of the institution has made an exchange, gift, sale or mortgage of such
inam or part or any portion thereof or has granted a lease of the same or any portion thereof
for a term exceeding five years, or

(ii) that the religious institution has ceased to exist or the charity or service in question has in
any way become impossible of performance, or

(iii) that the holder of such inam or part has failed to perform or make the necessary
arrangements for performing, in accordance with the custom or usage of the institution, the

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charity or service for performing which the inam had been made, confirmed or recognized
as aforesaid, or any part of the said charity or service, as the case may be.

When passing an order under this clause, the Collector shall determine whether such inam or the inam
comprising such part, as the case may be, is a grant of both the melvaram and the kudivaram or only of
the melvaram:
Provided that, in the absence of evidence to the contrary, the Collector shall presume that any minor
inam is a grant of both the melvaram and the kudivaram.
(b) Before passing an order under clause (a), the Collector shall give notice to the trustee, to the
Commissioner, to the inamdar concerned, to the person in possession of the inam where he is
not the inamdar and to the alienee, if any of the inam; the Collector shall also publish a copy of
such notice in such manner as may be prescribed and such publication shall be deemed to be
sufficient notice to every other person likely to be affected by such order; and the Collector shall
hear the objections, if any, of the persons to whom such notice is given or deemed to be given
and hold such inquiry as may be prescribed.

Explanation. - Where only a part of the inam is affected, notice shall be given under this clause to the
holder of such part as well as to the holder or holders of the other part or parts, to the person in
possession of every such part where he is not the holder thereof, and to the alienee, if any, of every
such part; and the objections of all such persons shall be heard by the Collector.
(c) A copy of every order passed under clause (a) shall be communicated to each of the persons
mentioned in clause (b), and shall also be published in the manner prescribed.
(d) (i) Any party aggrieved by an order of the Collector under clause (a) 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 clause (b) and
after holding such inquiry as may be prescribed, pass an order confirming, modifying or
cancelling the order of the Collector.

(ii) The order of the District Collector on such appeal, or the order of the Collector under
clause (a) where no appeal is preferred under sub-clause (i) to the District Collector within
the time prescribed shall be final:

Provided that where there has been an appeal under sub-clause (i) and it has been decided by the
District Collector or where there has been no appeal to the District Collector and the time for preferring
an appeal has expired, any party aggrieved by the final order of the District Collector or the Collector, as
the case may be, may file a suit in a Civil Court for determining whether the inam comprises both the
melvaram and the kudivaram or only the melvaram. Such a suit shall be instituted within six months
from the date of the order of the District Collector on appeal where there has been an appeal under sub-
clause (i), or from the date of the expiry of the period prescribed under sub-clause (i) for an appeal to
the District Collector where there has been no such appeal.
(e) Except as otherwise provided in clause (d), an order of resumption passed under this section
shall not be liable to be questioned in any Court of Law.

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(f) Where any inam or part of any inam is resumed under this section, the Collector or the District
Collector, as the case may be, shall by order, re-grant such inam or part-
(i) as an endowment to the religious institution concerned, or

(ii) in case of resumption on the ground that the religious institution has ceased to exist or that
the charity or service in question has in any way become impossible of performance, as an
endowment for such religious, educational or charitable institution as the Commissioner
may recommend.

(g) The order of re-grant made under clause (f) shall, on application made to the Collector within the
time prescribed, be executed by him in the manner prescribed.
(h) Nothing in this section shall affect the operation of section 40.

42. Office-holders and servants of religious institutions not to be in possession of jewels, etc.,
except under conditions. - Notwithstanding anything contained in any scheme settled or deemed to
have been settled under this Act or in any decree or order of a Court or any custom or usage to the
contrary, no officeholder or servant of a religious institution or other person shall have the right to be in
possession of the jewels or other valuables belonging to the religious institutions except under such
conditions and safeguards [the Commissioner] may, by general or special order, direct.
43. [The Commissioner] to sanction compromise of legal proceedings. - No suit, application or
appeal pending before a Court to which a religious institution is a party shall be withdrawn or
compromised by the trustee of the institution except with the previous sanction of [the Commissioner].
[43A. Appointment and duties of executive officer in temples under maths. - (1) Notwithstanding
anything contained in section 45 or any other provision in this Act, the Commissioner may appoint,
subject to such conditions as may be prescribed, an executive officer for any temple under the control of
a math.
(2) The executive officer shall be subject to the control of the trustee of the math and shall exercise
such powers and discharge such duties as may be prescribed.
(3) The Commissioner may, for good and sufficient cause, suspend, remove or dismiss the executive
officer.]

Religious Institutions Other than Maths or Specific Endowments Attached Thereto

44. Sections 45 to 58 not to apply to maths or specific endowments attached to maths. - The
provisions of sections 45 to 58 shall not apply to maths or specific endowments attached to maths.
45. Appointment and duties of Executive Officers. - (1) Notwithstanding anything contained in this
Act, the Commissioner may appoint, subject to such conditions as may be prescribed, an executive
officer for any religious institution other than a math or a specific endowment attached to a math.
[Explanation. - In this section "math" shall not include a temple under the control of a math.]
(2) The executive officer shall exercise such powers and discharge such duties as may be assigned to

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him by the Commissioner:

Provided that only such powers and duties as appertain to the administration of the properties of the
religious institution referred to in sub-section (1) shall be assigned to the executive officer.
(3) The Commissioner may define the powers and duties which may be exercised and discharged
respectively by the executive officer and the trustee, if any, of any religious institution other than a math
or a specific endowment attached to a math.
(4) The Commissioner may, for good and sufficient cause, suspend, remove or dismiss the executive
officer.
[46. Commissioner to publish list of certain institutions. - The Commissioner shall publish, in the
prescribed manner, a list of the religious institutions whose annual income, as calculated for the
purposes of the levy of contribution under sub-section (1) of section 92,-
(i) is not less than ten thousand rupees, but is less than two lakh rupees,
(ii) is not less than two lakh rupees, but is less than ten lakh rupees,
(iii) is not less than ten lakh rupees, and may, from time to time, modify such list in the prescribed
manner:

Provided that the Commissioner shall not remove any institution from such list unless its annual income
calculated as aforesaid has fallen below ten thousand rupees for three consecutive years:
Provided further that if the annual income of any such institution calculated as aforesaid has -
(a) exceeded the limits specified in clause (i) or clause (ii); or
(b) fallen below the limits specified in clause (ii) or clause (iii), for three consecutive years, the
Commissioner may alter the classification assigned to such institution in the list and enter the
same under the appropriate classification in the said list.]

[46A. ***]
47. Trustees and their number and term of office. - (1) [(a) Where a religious institution includ ed in
the list published under section 46 or in respect of which the Assistant Commissioner has no power to
appoint trustees, has no hereditary trustee,-
(i) in cases falling under clause (i) of section 46, the Joint Commissioner / Deputy Commissioner;
(ii) in cases falling under clause (ii) of section 46, the Commissioner; and
(iii) in cases falling under clause (iii) of section 46, the Government, shall constitute a Board of
trustees:]

[Provided that the Board of Trustees constituted under items (i) and (ii) of this clause shall, subject to
the provision of clause (c), consist of three persons appointed by the Joint Commissioner or the Deputy
Commissioner or the Commissioner, as the case may be, from among the panel of names of persons
sent by the District Committee concerned under sub-section (4) of section 7-A:]
Provided further that in addition to the persons appointed by the Joint Commissioner/Deputy
Commissioner or the Commissioner under item (i) or (ii) of this clause, as the case may be, the

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Government may nominate two persons who are qualified for appointment as trustees under this Act, as
members of the said Board of Trustees, having regard to the following matters, namely:-
(a) the interest of the public generally;
(b) the income and the properties of the religious institutions;
(c) the number of worshippers and importance of the religious institutions as a pilgrim centre; and
(d) such other matters as may be prescribed.
(e) In respect of all the incorporated and unincorporated Devaswoms in the transferred territory, [the
Government] shall constitute a single Board of Trustees.
(f) Every Board of Trustees constituted under clause (a) or clause (b) shall consist of not less than
three and not more than five persons, of whom one shall be a member of the Scheduled Castes
or Scheduled Tribes [and another one shall be a woman]:

Provided that [the Government, the Commissioner, the Joint Commissioner or the Deputy
Commissioner], as the case may be, may, pending the constitution of such Board of Trustees under this
sub-section, appoint a fit person to perform the functions of the Board of Trustees.
[***]
[(2) Where, in the case of an institution included in the list published under section 46 having a
hereditary trustee or trustees, [the Government, the Commissioner or the Joint/Deputy Commissioner],
after notice to such trustee or trustees and after such inquiry as [the Government, the Commissioner or
the Joint/Deputy Commissioner], as the case may be, 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 Government, the Commissioner or the Joint/Deputy Commissioner]
may, by order, appoint a non-hereditary trustee or such number of non-hereditary trustees as may be
considered necessary by [the Government, the Commissioner or the Joint/Deputy Commissioner], as
the case may be.]
(3) Every trustee appointed under sub-section (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 hold office for
a term of [two year] unless in the meanwhile the trustee is removed or dismissed or his resignation is
[accepted by the Government, the Commissioner or the Joint Commissioner/Deputy Commissioner, as
the case may be], or he otherwise ceases to be a trustee.
[Provided that every trustee who has completed a term of office of one year on the 16th day of July
2006 shall cease to hold office forthwith and " every trustee who completes a term of office of one year
after such date shall cease to hold office on such completion.]
[Provided further that every trustee who has not completed a term of office of one year on the date of
commencement of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act,
2010 shall continue to be the trustee for the period of two years from the date of his appointment.]
(4) Where [the Government, the Commissioner or the Joint/Deputy Commissioner], by order, appoints a

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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:]
Provided that the Court shall have no power to stay the order of [the Government, the Commissioner or
the Joint/Deputy Commissioner], as the case may be], pending the disposal of the application.
(5) [***]
[47A. Delegation of powers by Government. - (1) The Government may, by notification, authorise the
Commissioner to exercise of the powers vested in them under the second proviso to clause (a) of sub-
section (1) of section 47 or the second proviso to sub-section (1) of section 49, in respect of any
religious institution.
(2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions and
conditions as may be specified in the notification and subject also to control and revision by the
Government.]
48. Chairman. - (1) In the case of a religious institution for which a Board of Trustees is constituted
under sub-section (1) of section 47, the Board of Trustees shall,within such period as may be
prescribed, elect one of its members to be its Chairman, and if no Chairman is elected within the period
so prescribed, [the Government, the Commissioner or the Joint/Deputy Commissioner], as the case
may be], shall nominate the Chairman.
(2) In the case of any other religious institution having more than one trustee, the trustees of such
institution shall, within such period as may be prescribed, elect one from among themselves to be the
Chairman, and if no Chairman is elected, within the period so prescribed, [the Government, the
Commissioner or the Joint/Deputy Commissioner], as the case may be, shall nominate the Chairman:
Provided that in the case of a religious institution -
(i) having one hereditary trustee, such hereditary trustee alone shall be its Chairman; and
(ii) having more than one hereditary trustee, one of such hereditary trustees alone shall be elected
or nominated to be its Chairman.

(3) A Chairman elected or nominated under sub-section (1) or sub-section (2) shall hold office for such
period as may be prescribed.
[49. Power of [Assistant Commissioner] to appoint trustees and fit persons. - (1) In the case of
any religious institution which is not included in the list published under section 46 and is not a religious
institution notified or deemed to have been notified under Chapter VI of this Act, [the Assistant
Commissioner] shall have the same power to appoint trustees including fit persons or constitute a Board
of Trustees as is vested in [the Government, the Commissioner or the Joint/Deputy Commissioner] in
the case of a religious institution referred to in clause (a) of sub-section (1), or in sub-section (2), as the
case may be, of section 47:
[Provided that the Board of Trustees constituted under this sub-section shall consist of three persons
appointed by the Assistant Commissioner from among the panel of names of persons sent by the

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District Committee concerned under sub-section (4) of section 7-A, of whom one shall be a member of
the Scheduled Castes or Scheduled Tribes and another one shall be a women:]
[Provided further that in addition to the trustees appointed by the Assistant Commissioner under this
sub-section, the Government may nominate two persons who are qualified for appointment as trustees
under this Act as members of the said Board of Trustees, having regard to the following matters,
namely:-
(a) the interest of the public generally;
(b) the income and the properties of the religious institutions;
(c) the number of worshippers and importance of the religious institution as a pilgrim centre; and
(d) such other matters as may be prescribed:]

Provided also that notwithstanding anything aforesaid in this sub-section, the [Assistant Commissioner]
may, in the case of any such religious institution which has no hereditary trustee, appoint a single
trustee.
(2) The provisions of sub-sections (3) and (4) of section 47 and of section 48 shall apply to the trustee
or trustees appointed, or the Board of Trustees constituted by [the Assistant Commissioner] as they
apply to the trustee or trustees appointed, or the Board of Trustees constituted under section 47.]
[49A. Existing trustees in the case of religious institutions first included in the list under section
46 to cease to hold office. - (1) Notwithstanding anything contained in sections 47,48 and 49, where a
religious institution in respect of which [the Assistant Commissioner] has appointed trustees under sub-
section (1) of section 49 is subsequently included in the list published under section 46, the trustees
aforesaid shall cease to hold office from the date of such inclusion.
(2) In respect of the religious institution mentioned in sub-section (1), [the Government, the
Commissioner or the Joint/Deputy Commissioner], as the case may be, shall constitute a Board of
Trustees in accordance with the provisions of sub-section (1) of section 47 and the trustees shall hold
office for the term specified in sub-section (3) of the said section 47]
[49B. Power of executive officer and Chairman of Board of Trustees not to implement order or
resolution of trustees or Board of Trustees in certain cases. - (1) Where an executive officer or a
Chairman of Board of Trustees considers that an order or resolution passed by a trustee or the Board of
Trustees-
(a) has not been passed in accordance with law;
(b) is in excess or abuse of the powers conferred on the trustee or the Board of Trustees by or
under this Act, or by any other law;
(c) if implemented, is likely to cause financial loss to the institution or endowment, danger to human
life, health or safety, or is likely to lead to a riot or breach of peace; or
(d) is not beneficial to the institution or endowment;

the executive officer or the Chairman of Board of Trustees, as the case may be, may, without

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implementing such order or resolution, place the matter before the trustee or Board of Trustees along
with a note pointing out the objections to the order or resolution and request the trustee or the Board of
Trustees to re-consider the order or resolution.
(2) The executive officer or the Chairman of Board of Trustees shall forthwith submit a report of the
action taken by him under sub-section (1) to the Commissioner, Joint Commissioner, Deputy
Commissioner or Assistant Commissioner, as the case may be.
(3) (a) Where the order or resolution is placed for reconsideration under subsection (1), the trustee or
the Board of Trustees shall reconsider the order or resolution having due regard to the objections
contained in the note and pass such further order or resolution as he or it may deem fit. A copy of every
such further order or resolution shall be sent forthwith to the Commissioner, Joint Commissioner,
Deputy Commissioner or the Assistant Commissioner, as the case may be, who may pass such order
as he deems fit;
(b) Where after the expiry of sixty days from the date on which the order or resolution was placed
for reconsideration under sub-section (1), the trustee or the Board of Trustees fails to pass further
order or resolution as required under clause (a), the Commissioner, Joint Commissioner, Deputy
Commissioner or the Assistant Commissioner, as the case may be, may pass such order as he
deems fit;
(c) Every order passed by the Commissioner, Joint Commissioner, Deputy Commissioner or the
Assistant Commissioner, as the case may be, under clause (a) or clause (b) shall be final and
binding on the trustee or Board of Trustees and the executive officer.]

50. Power under [sections 47, 49 and 49-A] to be exercisable notwithstanding provision in
scheme. - The power to appoint trustees under section 47 or section 49 [or section 49-A] shall be
exercisable notwithstanding that the scheme, if any, settled, or deemed under this Act to have been
settled for the institution contains provision to the contrary.
51. [Claims of certain persons to be trustees.] - (a) [***]
(b) The Government, the Commissioner, the Joint Commissioner, the Deputy Commissioner or the
Assistant Commissioner in making appointments of trustees under section 47 or section 49-A, as
the case may be, shall have due regard to the claims of persons belonging to the religious
denomination for whose benefit the institutions concerned is chiefly intended or maintained.

52. Non-hereditary trustees holding office on the date of the commencement of the Act. - Every
non-hereditary trustee lawfully holding office on the date of the commencement of this Act, shall be
deemed to have been duly appointed as such trustee under this Act for the residue of his term of office
on the date of such commencement.
53. Powers to suspend, remove or dismiss trustees. - (1) In this section, the expression "appropriate
authority" shall, unless the context otherwise requires, means,-
[(a) in respect of any trustee of any religious institution included in the list published under clause
(iii) of section 46, [the Government];

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[(b) in respect of any trustee of any religious institution included in the list published under clause (ii)
of section 46, the Commissioner];
(c) in respect of any trustee of any religious institution included in the list published under clause (i)
of section 46 and in respect of any hereditary trustee of any religious institution not included in
the list published under the said section 46, [the Joint/Deputy Commissioner]; and
(d) in respect of any non-hereditary trustee of any religious institution not included in the list
published under section 46 [the Assistant Commissioner]].

[(1-A) Notwithstanding anything contained in sub-section (1), for the purpose of this section, the
Government shall-also be the appropriate authority in respect of any trustee of any religious institution.]
(2) The appropriate authority may suspend, remove or dismiss any trustee of a religious institution, if
he-
(a) ceases to profess the Hindu religion; or
(b) fails to discharge the duties and perform the functions of a trustee in accordance with the
provisions of this Act or the rules made thereunder; or
(c) disobeys the lawful orders issued under the provisions of this Act or the rules made thereunder
by [the Government], the Commissioner [or Joint Commissioner or Deputy Commissioner] or the
Assistant Commissioner; or
(d) continuously neglects his duty or commits any malfeasance, misfeasance or breach of trust, in
respect of the trust; or
(e) misappropriates or deals improperly with the properties of [the religious institution or
endowment]; or
(f) is of unsound mind or is suffering from other mental defect or infirmity which would render him
unfit to perform the functions and discharge the duties of a trustee or is suffering from leprosy or
other loathsome disease; or
(g) is sentenced by a criminal court for an offence involving moral delinquency, such sentence not
having been reversed or the offence pardoned; or
(h) is an undischarged insolvent; or
[(i) is interested in a subsisting lease of any property of, or contract made with or any work being
done for the religious institution or endowment;
(ii) is in arrears or default of any kind due by him to any religious institution or endowment;]
[(j) acts adversely to the interest of any religious institution or endowment.]
[(jj) willfully fails to pay the contribution payable under sub-section (1) of section 92 or the further
sum payable under sub-section (2) of section 92 within the time allowed by or under clause (b) of
sub-section (2) of section 94; or]
(k) absents himself from three consecutive meetings of the trustees.

Explanation. - A meeting adjourned for want of quorum shall be deemed to be a meeting for the
purpose of this clause; or

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(l) in the case of a Chairman of the Board of trustees or a Managing or Executive trustee, refuses or
delays to, or does not, hand over charge to his successor.

(3) When it is proposed to take action under sub-section (2), the appropriate authority shall frame
charges against the trustee concerned and give him an opportunity of meeting such charges, of testing
the evidence adduced against him and of adducing evidence in his favour; and the order of suspension,
removal or dismissal shall state the charges framed against the trustee, his explanation and the finding
on each charge with the reasons therefor.
(4) Pending the disposal for the charges framed against the trustee, the appropriate authority may place
the trustee under suspension and appoint a fit person to discharge the duties and perform the functions
of the trustee.
(5) A trustee who is aggrieved by an order passed under sub-section (2), may within one month from
the date of the receipt by him of the order of suspension, removal or dismissal, appeal against the
order-
(i) where the order has been passed [by the Commissioner to the Government];
(ii) where the order has been passed by [the Joint Commissioner or Deputy Commissioner to the
Commissioner; and]
[(iii) where the orders has been passed by the Assistant Commissioner to the Joint/Deputy
Commissioner.]

[(5-A) A trustee who is aggrieved by an order passed by the Government under sub-section (2) may,
within ninety days from the date of the receipt of such order by him, appeal against such order to the
High Court.]
(6) A hereditary trustee aggrieved by an order passed by [the Commissioner] or the Government under
sub-section (5) may, within ninety days from the date of the receipt of such order by him, institute a suit
in the Court against such order.
54. Filing up of vacancies in the office of hereditary trustee. - (1) When a permanent vacancy
occurs in the office of the hereditary trustee of a religious institution, the next in the line of succession
shall be entitled to succeed to the office.
(2) When a temporary vacancy occurs in such an office by reason of the suspension of the hereditary
trustee under sub-section (2) of section 53, the next in the line of succession shall be entitled to
succeed and perform the functions of the trustee until his disability ceases.
(3) When a permanent or temporary vacancy occurs in such an office and there is a dispute respecting
the right of succession to the office, or
when such vacancy cannot be filled up immediately, or when a hereditary trustee is a minor and has no
guardian fit and willing to act as such or there is a dispute respecting the person who is entitled to act as
guardian, or
when a hereditary trustee is by reason of unsoundness of mind or other mental or physical defect or

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infirmity unfit for performing the functions of the trustee,

[the Joint Commissioner or the Deputy Commissioner, as the case may be,] may appoint a fit person to
perform the functions of the trustee of the institution until the disability of the hereditary trustee ceases
or another hereditary trustee succeeds to the office or for such shorter term as [the Joint Commissioner
or the Deputy Commissioner, as the case may be,] may direct.
Explanation. - In making any appointment under this sub-section, [the Joint Commissioner or the
Deputy Commissioner, as the case may be,] shall have due regard to the claims of members of the
family, if any, entitled to the succession.
(4) Any person aggrieved by an order of [the Joint Commissioner or the Deputy Commissioner, as the
case may be], under sub-section (3) may, within one month from the date of the receipt of the order by
him, appeal against the order to the Commissioner.
(5) Nothing in this section shall be deemed to affect anything contained in the [Tamil Nadu] Court of
Wards Act, 1902 ([Tamil Nadu] Act I of 1902).
55. Appointment of office-holders and servants in religious institutions. - (1) Vacancies, whether
permanent or temporary, among the office-holders or servants of a religious institution shall be filled up
by the trustee [in all cases.]
[Explanation. - The expression "office-holders or servants" shall include archakas and pujaries.]
[(2) No person shall be entitled to appointment to any vacancy referred to in sub-section (1) merely on
the ground that he is next in the line of succession to the last holder of the office.]
(3) [***]
(4) Any person aggrieved by an order of the trustee under [sub-section (1)] may, within one month from
the date of the receipt of the order by him, appeal against the order to [the Joint Commissioner or the
Deputy Commissioner, as the case maybe].
56. Punishment of office-holders and servants in religious institutions. - (1) All office-holders and
servants attached to a religious institution o in receipt of any emolument or perquisite therefrom shall
[xxx] be controlled by the trustee; and the trustee may, after following the prescribed procedure, if any,
fine, suspend, remove or dismiss any of them for breach of trust, incapacity, disobedience of orders,
neglect of duty, misconduct or other sufficient cause.
(2) Any office-holder or servant punished by a trustee under sub-section (1) may, within one month from
the date of the receipt of the order by him, appeal against the order to [the Joint Commissioner or the
Deputy Commissioner, as the case may be].
(3) [***]
57. Power to fix fees for services, etc., and to determine their apportionment. - Notwithstanding
anything contained in any scheme settled or deemed to have been settled under this Act, or any decree
or usage to the contrary, the trustee of a religious institution shall have power, subject to such conditions
as [the Commissioner] may, by general or special order, direct, to fix fees for the performance of any

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service, ritual or ceremony in such religious institution and determine what portion, if any, of such fees
shall be paid to the archakas or other office-holders or servants of such religious institution.
[58. Fixing of standard scales of expenditure. - (1) The trustee of a religious institution shall submit
to the Assistant Commissioner if the institution is not included in the list published under section 46 and
to the Commissioner if the institution is so included, within three months from the date of the
commencement of this Act, or the date of the inclusion of the Institution in the list aforesaid or within
such further time as may be allowed by the Assistant Commissioner or the Commissioner, as the case
may be, proposals for fixing the dhittam or scale of expenditure in the institution, and the amounts which
should be allotted to the various objects connected with such institution or the proportion in which the
income or other property of the institution may be applied to such objects:
Provided that this sub-section shall not apply to any institution in respect of which proposals have been
submitted to the Assistant Commissioner or the Commissioner, as the case may be, before the date of
the commencement of this Act.
(2) The trustee shall publish such proposals at the premises of the institution and in such other manner
as may be required by the Assistant Commissioner or the Commissioner, as the case may be, together
with a notice stating that, within one month from the date of such publication, any person having interest
may submit objections or suggestions to the Assistant Commissioner or the Commissioner.
(3) After the expiry of the said period, the Assistant Commissioner or the Commissioner shall, after
considering any objections and suggestions received, pass such order as he may think fit on such
proposals, having regard to the established usage of the institution and its financial position, and a copy
of the order shall be communicated to the trustee. The order of the Assistant Commissioner or the
Commissioner shall be published in the prescribed manner.
(4) Against an order passed by the Assistant Commissioner under sub-section (3), the trustee or any
person having interest may, within one month from the date of the receipt of the order by the trustee,
appeal to the Joint or Deputy Commissioner and if the trustee or such person is aggrieved by the order
of the Deputy Commissioner, he may, within one month from the date of the receipt of such order,
appeal to the Commissioner.
(5) The trustee shall scrutinize the particulars of dhittam or scale of expenditure every three years and
submit to the Assistant Commissioner or the Commissioner, as the case may be, proposals for altering
the dhittam or scale of expenditure and the provisions of sub-sections (2), (3) and (4) shall apply in
relation to the alteration of such dhittam or scale of expenditure as they apply, in relation to the fixing of
dhittam or scale of expenditure:
Provided that the Assistant Commissioner or the Commissioner may, at any time on its own motion for
reasons to be recorded in writing, direct the trustee to alter the dhittam or scale of expenditure and the
procedure for such alteration shall be the same as laid down in this section.]

CHAPTER IV

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Maths

59. Suit for removal of trustee of math or specific endowment attached thereto. - (1) The
[Commissioner] or any two or more persons having interest and having obtained the consent in writing
of the [Commissioner] may institute a suit in the Court to obtain a decree for removing the trustee of a
math or a specific endowment attached to math, for anyone or more of the following reasons, namely:-
(a) the trustee being of unsound mind;
(b) his suffering from any physical or mental defect or infirmity which renders him unfit to be a
trustee;
(c) his having ceased to profess the Hindu Religion or the tenets of the math;
(d) his conviction for any offence involving moral delinquency;
(e) breach by him of any trust created in respect of any of the properties of the religious institution;
(f) waste of the funds or properties of the institution or the wrongful application of such funds or
properties for purposes unconnected with the institution;
(g) the adoption of devices to convert the income of the institution or of the funds or properties
thereof into "pathakanika";
(h) leading an immoral life or otherwise leading a life which is likely to bring the office of head of the
math into contempt;
(i) persistent and wilful default by him in discharging his duties or performing his functions under this
Act or any other law.

(2) Where the [Commissioner] refuses to give consent under sub-section (1), the party aggrieved may,
within three months from the date of the receipt of the order by him, appeal to the Government who
may, after making such inquiry as they may consider necessary, confirm the order of the Commissioner
or direct the [Commissioner] to give [his consent] in writing.
60. Arrangements when vacancies occur. - (1) When a vacancy occurs in the office of the trustee of
a math or a specific endowment attached to a math and there is a dispute respecting the right of
succession to such office, or
when such vacancy cannot be filled up immediately, or
when the trustee is a minor and has no guardian fit and willing to act as such or there is a dispute
respecting the person who is entitled to act as guardian, or
when the trustee is by reason of unsoundness of mind or other mental or physical defect or infirmity
unable to perform the functions of the trustee,
the [Assistant Commissioner] may take such steps and pass such order [as he thinks] proper for the
temporary custody and protection of the endowments of the math or of the specific endowment, as the
case may be, and shall report the matter forthwith to the [Commissioner].
(2) Upon the receipt of such report, if [the Commissioner], after making such inquiry [as he deems]
necessary, is satisfied that an arrangement for the administration of the math and its endowments or of

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the specific endowment, as the case may be, is necessary, [he shall] make such arrangement [as he
thinks fit] until the disability of the trustee ceases or another trustee succeeds to the office, as the case
may be.
(3) In making any such arrangement, [the Commissioner] shall have due regard to the claims of the
disciples of the math, if any.
(4) Nothing in this section shall be deemed to affect anything contained in the Tamil Nadu Court of
Wards Act, 1902 (Tamil Nadu Act I of 1902).
61. Fixing of standard scales of expenditure. - (1) The trustee of every math or specific endowment
attached to a math may, from time to time, submit to [the Commissioner] proposals for fixing the dhittam
or scale of expenditure in the institution, and the amounts which should be allotted to the various
objects connected with the institution or the proportions in which the income or other property the
institution may be applied to such objects.
(2) The trustee shall publish such proposals at the premises of the math and in such other manner as
[the Commissioner] may direct, together with a notice stating that, within one month from the date of
such publication, any person having interest may submit suggestions to [the Commissioner.]
(3) If on a scrutiny of such proposals, and any suggestions made by persons having interest, it appears
to [the Commissioner] that the scale of expenditure or any item in the scale of expenditure is at variance
with the established usage of the institution, or is not justified by its financial position, [the
Commissioner] may call for the remarks of the trustee and if, after considering the same, [the
Commissioner] is of opinion that any modification is required in the scale of expenditure or any item in
the scale of expenditure [he shall submit] the case to the Government who shall pass orders thereon,
and such orders shall be final.
62. Power to spend pathakanika. - (1) The trustee of a math shall "keep regular accounts of receipts
of "pathakanika" that is to say, any gift of property or money 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.
(2) Such gifts of property or money as are not spentby the trustee during his tenure of office in
accordance with the customs and usage of the institution shall form part of the funds of the math.

CHAPTER V

Iinquiries

63. [Joint Commissioner or Deputy Commissioner] to decide certain disputes and matters. -
Subject to the rights of suit or appeal hereinafter provided, [the Joint Commissioner or the Deputy
Commissioner, as the case may be,] shall have power to inquire into and decide the following disputes
and matters:-
(a) whether an institution is religious institution;

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(b) whether a trustee holds or held office as a hereditary trustee;

(c) whether any property or money is a religious endowment;
(d) whether any property or money is a specific endowment;
(e) whether any person is entitled, by custom or otherwise, to any honour, emolument or perquisite
in any religious institution; and what the established usage of a religious institution is in regard to
any other matter;
(f) whether any institution or endowment is wholly or partly of a religious or secular character; and
whether any property or money has been given wholly or partly for religious or secular uses; and
(g) where any property or money has been given for the support of an institution which is partly of a
religious and partly of a secular character, or the performance of any service or charity connected
with such an institution or the performance of a charity which is partly of a religious and partly of a
secular character or where any property or money given is appropriated partly to religious and
partly to secular uses, as to what portion of such property or money shall be allocated to religious
uses.

64. Power of [Joint Commissioner or Deputy Commissioner] to settle schemes. - (1) When [the
Joint Commissioner or the Deputy Commissioner, as the case may be,] has reason to believe that in the
interest of the proper administration of an institution, a scheme should be settled for the institution, or
when not less than five persons having interest make an application in writing, stating that in the
interests of the proper administration of an institution a scheme should be settled for it, [the Joint
Commissioner or the Deputy Commissioner, as the case may be, shall consult in the prescribed manner
the trustee and the persons having interest [xxx] and if, after such consultation, he is satisfied that it is
necessary or desirable to do so, he shall, order, settle a scheme of administration for the institution.
Explanation. - For the purposes of this section, "institution" means a temple or a specific endowment
attached to a temple.
(2) A scheme settled under sub-section (1) for an institution may contain provision for -
(a) removing any existing trustee, whether hereditary or non-hereditary:

Provided that where provision is made in the scheme for the removal of a hereditary trustee, provision
shall also be made therein for the appointment as trustee of the person next in succession who is
qualified;
(b) appointing a new trustee or trustees in the place of, or in addition to, any existing trustee or
trustees;
(c) defining the powers and duties of the trustee or trustees:

Provided that in making any provision of the nature specified in clause (d), due regard shall be had to
the claims of persons belonging to the religious denomination for whose benefit the institution is chiefly
intended or maintained.
(3) [The Joint Commissioner or the Deputy Commissioner, as the case may be,] may determine what
the properties of the institution are and append to the scheme a schedule containing a list of such

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properties.
(4) Pending the settlement of a scheme for an institution, [the Joint Commissioner or the Deputy
Commissioner, as the case may be,] may appoint a fit person to perform all or any of the functions of
the trustee thereof and define his powers and duties.
(5) (a) [The Joint Commissioner or the Deputy Commissioner, as the case may be, may, at any time,
after consulting the trustee and the persons having interest, by order, modify or cancel any scheme in
force settled under sub-section (1) or any scheme in force settled or modified by the Board under the
Madras Hindu Religious Endowments Act, 1926 (Madras Act II of 1927), or deemed to have been
settled under that Act, or any scheme in force settled or modified by the [Joint Commissioner or the
Deputy Commissioner, as the case may be,] or the Commissioner under this Act, or any scheme in
force settled or modified by the Court in a suit under sub-section (1) of section 70, or an appeal under
sub-section (2) of that section or any such scheme in force deemed to have been settled or modified by
the Court under clause (a) of sub-section (2) of section 118:
Provided that such cancellation or modification of a scheme in force settled or modified by the Court in a
suit under sub-section (1) of section 70 or on an appeal under sub-section (2) of that section or of a
scheme in force deemed to have been settled or modified by the Court under clause (a) of sub-section
(2) of section 118 shall be made only subject to such conditions and restrictions as may be prescribed.]
(b) If [the Joint Commissioner or the Deputy Commissioner, as the case may be,] is satisfied that
any such scheme referred to in clause (a) is inconsistent with this Act and the rules made
thereunder, he may, at any time, after consulting the trustee and the persons having interest in
the institution [xxx], modify it in such manner as may be necessary to bring it into conformity with
the provisions of this Act and the rules made thereunder.

(6) Every order of [the Joint Commissioner or the Deputy Commissioner, as the case may be, settling,]
modifying or cancelling a scheme under this section shall be published in the prescribed manner and on
such publication shall, subject to the provisions of sections 69 and 70, be binding on the trustee, the
executive officer and all persons having interest.
65. Power of Commissioner to settle schemes. - (1) When the Commissioner has reason to believe
that in the interests of the proper administration of a math or a specific endowment attached to a math,
a scheme should be settled for the math or the specific endowment attached to a math or when not less
than five persons having interest make an application in writing, stating that in the interests of the proper
administration of the math or the specific endowment attached to the math, a scheme should be settled
for it, the Commissioner shall consult in the prescribed manner the trustee and the persons having
interest; and if, after such consultation, he is satisfied that it is necessary or desirable to do so, he shall
by order, settle a scheme of administration for the math or the specific endowment attached to the math.
(2) A scheme settled under this section for the administration of a math or a specific endowment
attached to a math may contain provision for -
(a) constituting a body for the purpose of assisting in the whole or any part of the administration of

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the endowments of such math or of the specific endowments:

Provided that the members of such body shall be chosen from persons having interest in such math or
endowment;
(b) defining the powers and duties of the trustee.

(3) The Commissioner may determine what the properties of the math or of the specific endowment
attached to the math are and append to the scheme a schedule containing a list of such properties.
(4) (a) The Commissioner may, at any time after consulting the trustee, by order, modify or cancel any
scheme in respect of a math or a specific endowment attached to a math and in force and settled under
sub-section (1) or any scheme in force, settled or modified by the Board under the Madras Hindu
Religious Endowments Act, 1926 (Madras Act II of 1927), or deemed to have been settled under that
Act or any scheme in force settled or modified by the Commissioner under this Act or any scheme in
force settled or modified by the Court in a suit under sub-section (1) of section 70 or on an appeal under
sub-section (2) of that section or any such scheme in force deemed to have been settled or modified by
the Court under clause (a) of sub-section (2) of section 118:
Provided that such cancellation or modification of a scheme in force settled or modified by the Court in a
suit under sub-section (1) of section 70 or on an appeal under sub-section (2) of that section or of a
scheme in force deemed to have been settled or modified by the Court under clause (a) of sub-section
(2) of section 118 shall be made only subject to such conditions and restrictions as may be prescribed.
(b) If the Commissioner is satisfied that any such scheme referred to in clause (a) is inconsistent
with this Act and the rules made thereunder, he may, at any time, modify it in such manner as
may be necessary to bring it into conformity with the provisions of this Act and the rules made
thereunder.

(5) Every order of the Commissioner, settling, modifying or cancelling a scheme under this section shall
be published in the prescribed manner and on such publication shall, subject to the provisions of
sections 69 and 70, be binding on the trustee, the executive officer and all persons having interest.
66. Appropriation of endowments. - (1) [The Joint Commissioner or the Deputy Commissioner, as the
case may be,] may, on being satisfied that the purpose of a religious institution has from the beginning
been, or has subsequently become, impossible of realization, by order, direct that the endowments of
the institution be appropriated to all or any of the following purposes, namely:-
(a) the grant of aid to any other religious institution which is poor or in needy circumstances;
(b) the grant of aid to any religious purpose connected with the Hindu religion;
(c) the propagation of the religious tenets of the institution;
(d) the recitation of Divya Prabhandam and Thevaram and the like;
(e) the establishment and maintenance of schools for the training of archakas, adyapakas,
vedaparayanikas and othuvars and for the study of Divya Prabandhams, Thevarams, and the like
including the study of Indian languages for that purpose;

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(f) the establishment and maintenance of a university or college or other institution in which the
main features shall be the provision for the study of Hindu religion, philosophy or sastras or for
imparting instruction in Hindu temple architecture;
(g) the establishment and maintenance of educational institutions where instruction in the Hindu
religion is also provided;
(h) promotion of fine arts and architecture;
(i) the establishment and maintenance of orphanages for Hindu children;
(j) the establishment and maintenance of asylums for persons suffering from leprosy;
(k) the establishment and maintenance of poor homes for destitute, helpless and physically disabled
persons; and
(l) the establishment and maintenance of hospitals and dispensaries for the benefit of pilgrims:

Provided that in the case of a religious institution founded and maintained by a religious denomination
or any section thereof, the endowments shall, as far as possible, be utilised for the benefit of the
denomination or section concerned for the purposes mentioned above.
(2) [The Joint Commissioner or the Deputy Commissioner, as the case may be,] may, at any time by
order, modify or cancel any order passed under sub-section (1).
(3) The order of [the Joint Commissioner or the Deputy Commissioner, as the case may be,] under this
section shall be published in the prescribed manner and on such publication shall, subject to the
provisions of section 69, be binding on the trustee, the Executive Officer and all persons having interest.
67. Determination and application of properties and funds of defunct religious institutions. - (1)
[The Joint Commissioner or the Deputy Commissioner, as the case may be,] may, on being satisfied
that a religious institution has, whether before or after the date of the commencement of this Act,
ceased to exist, hold an inquiry in the prescribed manner to ascertain its properties and funds, and after
doing so, shall pass an order -
(a) specifying the properties and funds of the institution;
(b) appointing a trustee therefor;
(c) directing the recovery of any such properties or funds from any person who may be in
possession thereof; and
(d) laying down that the properties and funds so specified shall be applied or utilised for renovating
the institution or if such renovation is not possible, be appropriated to anyone or more of the
purposes specified in sub-section (1) of section 66.

(2) [The Joint Commissioner or the Deputy Commissioner, as the case may be,] may, on being satisfied
after holding an enquiry in the prescribed manner, that any building or other place which was being
used for religious worship or instruction has, whether before or after the date of the commencement of
this Act, ceased to be used for that purpose, pass an order -
(a) directing the recovery of such building or place from any person who may be in possession

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thereof; and
(b) laying down that it shall be used for religious worship or instruction as before, or if such use is
not possible, be utilised for any one or more of the purposes specified in sub-section (1) of
section 66.

(3) Nothing contained in sub-section (1) or sub-section (2) shall be deemed to authorise [the Joint
Commissioner or the Deputy Commissioner, as the case may be,] to pass as order in respect of any
property or funds which vested in any person before the 30th September 1951 by the operation of the
law of limitation.
(4) Every order of [the Joint Commissioner or the Deputy commissioner, as the case may be,] under
sub-section (1) or sub-section (2) shall be published in the prescribed manner.
68. [Joint Commissioner or Deputy Commissioner] to forward copies. - [The Joint Commissioner
or the Deputy Commissioner, as the case may be,] shall, within a week from the date of his order made
under any of the foregoing sections of this Chapter, forward a copy of such order to the Commissioner.
69. Appeal to the Commissioner. - (1) Any person aggrieved by any order passed by [the Joint
Commissioner or the Deputy Commissioner, as the case may be,] under any of the foregoing sections
of this Chapter may, within sixty days from the date of the publication of the order or of the receipt
thereof by him, as the case may be, appeal to the Commissioner and the Commissioner may pass such
order thereon as he thinks fit.
(2) Any order passed by [the Joint Commissioner or the Deputy Commissioner, as the case may be,] in
respect of which no appeal has been preferred within the period specified in sub-section (1) may be
revised by-the Commissioner suo motu and the Commissioner may call for and examine the records of
the proceedings to satisfy himself as to the regularity of such proceedings or the correctness, legality or
propriety of any decision or order passed by [the Joint Commissioner or the Deputy Commissioner, as
the case may be]. Any such order passed by the Commissioner in respect of an order passed by [the
Joint Commissioner or the Deputy Commissioner, as the case may be,] shall be deemed to have been
passed by the Commissioner on an appeal preferred to him under sub-section (1).
(3) Any order passed by the Commissioner on such appeal against which no suit lies to the Court under
the next succeeding section, or in which no suit has been instituted in the Court within the time specified
in sub-section (1) of section 70 may be modified or cancelled by the Commissioner if the order has
settled or modified a scheme for the administration of a religious institution or relates to any of the
matters specified in section 66.
70. Suits and appeals. - (1) Any party aggrieved by an order passed by the Commissioner -
(i) under sub-section (1) or sub-section (2) of section 69, and relating to any of the matters specified
in section 63, section 64 or section 67; or
(ii) under section 63, section 64, or section 67 read with sub-section (l)(a), (2) or (4)(a) of section 22
or under section 65;

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may, within ninety days from the date of the receipt of such order by him, institute a suit in the Court
against such order and the Court may modify or cancel such order, but it shall have no power to stay
the order of the Commissioner pending the disposal of the suit.
(2) Any party aggrieved by a decree of the Court under sub-section (1) may, within ninety days from the
date of the decree, appeal to the High Court.

CHAPTER VI

Notified Religious Institutions

71. Issue of notice to show cause why institution should not be notified. - (1) Notwithstanding that
a religious institution is governed by a scheme settled or deemed to have been settled under this Act,
where the Commissioner has reason to believe that such institution is being mismanaged and is
satisfied that in the interests of its administration, it is necessary to take proceedings under this Chapter,
the Commissioner may, by notice published in the prescribed manner, call upon the trustee and all other
persons having interest to show cause why such institution should not be notified to be subject to the
provisions of this Chapter.
(2) Such notice shall state the reasons for the action proposed, and specify a reasonable time, not
being less than one month from the date of the issue of the notice for showing such cause.
(3) The trustee or any person having interest may, thereupon, prefer any objection he may wish to make
to the issue of a notification as proposed.
(4) Such objections shall be in writing and shall reach the Commissioner before the expiry of the time
specified in the notice aforesaid or within such further time as may be granted by the Commissioner.
72. Consideration of objections, if any, and notification of institution. - (1) Where no such
objection has been received within the time so specified or granted, the Government may, on receipt of
a report from the Commissioner to that effect, by notification, declare the religious institution to be
subject to the provisions of this Chapter.
(2) Where any such objections have been received within the time so specified or granted, the
Commissioner shall hold an inquiry into the objections in the manner prescribed, and decide whether
the institution should be notified to be subject to the provisions of this Chapter or not.
(3) If the Commissioner decides that the institution should be notified as aforesaid, he shall make a
report to that effect to the Government who may, thereupon, by notification, declare the religious
institution to be subject to the provisions of this Chapter.
(4) Any trustee or any person having an interest, who is aggrieved by a notification published under
sub-section (1) or sub-section (3), may, within thirty days from the date of its publication, institute a suit
in the Court for the cancellation of such notification and the Government shall cancel the notification if
the Court so directs:

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Provided that the Court shall have no power to suspend the operation of the notification pending the
disposal of the suit.
(5) Any party aggrieved by a decree of the Court under sub-section (4) may, within ninety days from the
date of the decree, appeal to the High Court.
[(6) Notwithstanding anything contained in sub-sections (4) and (5), if the Government, after taking into
consideration such matters relating to the management and administration of the religious institution as
may be prescribed, are satisfied at any time after the" publication of a notification under sub-section (1)
or sub-section (3), that it is no longer necessary to continue the notification, they may cancel the
notification.]
(7) [Any notification published [xxx] under section 64 of the Madras Hindu Religious and Charitable
Endowments Act, 1951 (Madras Act XIX of 1951) and in force, on] the date of the commencement of
this Act shall be as valid as if such notification had been published under this Act:
Provided that if, on the date of the commencement of this Act a period of thirty days has lapsed from the
date of publication of a notification under section 64 of the Madras Hindu Religious and Charitable
Endowments Act, 1951 (Madras Act XIX of 1951), no suit shall, be instituted under sub-section (4) of
this section:
Provided further that if, on the date of the commencement of this Act, a period of thirty days has not
lapsed from the date of publication of the notification under section 64 of the said Act, the date of
publication of such notification for the purposes of sub-section (4) of this section shall be the date of
publication of that notification under the said Act.
73. Scheme to lapse on notification. - On the publication of the notification, the scheme of
administration, if any, settled for the religious institution, whether before or after the date of the
commencement of this Act, and all rules, if any, framed under such scheme shall cease to apply to the
institution and shall become inoperative; and such scheme and rules shall not be revived by reason of
the cancellation of the notification [under sub-section (4) or] under sub-section (6) of section 72.
74. Appointment of salaried Executive Officer. - For every institution notified this Chapter, the
Commissioner shall as soon as may be appoint a salaried Executive Officer, who shall be a person
professing the Hindu religion.
75. Section 64 not to apply to notified institutions. - (1) Section 64 shall not apply to any religious
institution notified under this Chapter or under Chapter VI of the Madras Hindu Religious and Charitable
Endowments Act, 1951 (Madras Act XIX of 1951), 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) Nothing in sub-section (1) shall be construed as prohibiting the settlement of a scheme under
section 64 during the period when a notification is in force, to take effect immediately on the notification
ceasing to be in force.
[75A. Notifications under Chapter VI-A of Madras Act II of 1927 to continue in enforce. -

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Notwithstanding any judgment, decree or order of any Court and notwithstanding anything contained in
the Madras Hindu Religious Endowments Act, 1926 (Madras Act II of 1927), or in the Madras Hindu
Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951), or in this Act, but subject to
the provisions of section 75-C, all notifications issued under Chapter VI-A of the Madras Hindu
Religious Endowments Act, 1926 (Madras Act II of 1927) and in force immediately before the 30th
September 1956 and which have not been subsequently cancelled by the Government, shall continue,
and shall be deemed always to have continued, in force up to and inclusive of the 16th July 1965 and
for a period of one year thereafter; and accordingly all acts, proceedings or things done or taken under
the said Acts or this Act by the Government or by any officer of the Government or by any other
authority in pursuance of the said notifications shall, for all purposes, be deemed to be, and to have
always been done or taken in accordance with law.
75B. Further continuance of notifications under Chapter VI-A of Madras Act II of 1927. - Where
after the expiry of a period of six months from the 16th July 1965, the Commissioner is satisfied that, in
the interests of the administration of any religious institution governed by any of the notifications
referred to in section 75-A, it is necessary to continue the notification (hereinafter in this section referred
to as the said notification) beyond the date of the expiry of the period of one year from the 16th July
1965, he may, by notice, published in the prescribed manner, call upon the trustee and all other persons
having interest to show cause why the said notification should not be so continued.
(2) Such notice shall state the reasons for the action proposed, and specify a reasonable time, not
being less than one month from the date of the issue of such notice, for showing such cause.
(3) The Trustee or any person having interest may, thereupon, prefer any objection he may wish to
make against the action proposed.
(4) Such objection shall be in writing and shall reach the Commissioner before the expiry of the time
specified in the notice aforesaid, or within such further time as may be granted by the Commissioner.
(5) Where no such objection has been received within the time so specified or granted, the Government
may, on receipt of a report from the Commissioner to that effect, by notification declare that the said
notification shall continue in force beyond the date of the expiry of the period of one year from the 16th
July 1965.
(6) Where any such objections have been received within the time so specified or granted, the
Commissioner shall hold an enquiry into the objections in the manner prescribed, and decide whether or
not the said notification should be continued as aforesaid.
(7) If the Commissioner decides that the said notification should be continued as aforesaid, he shall
make a report to that effect to the Government, who may, thereupon, by notification, declare that the
said notification shall continue in force beyond the date of the expiry of the period of one year from the
16th July 1965.
75C. Right of suit. - (1) Any trustee or any person having an interest, who is aggrieved by the

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continuance of a notification under section 75-A or under section 75-B may-

(i) in the case of the continuance of the notification under section 75-A, within sixty days from the
16th July 1965; and
(ii) in the case of the continuance of the notification under section 75-B, within sixty days from the
date of the declaration under sub-section (5) or subsection (7) of the said section 75-B;

Institute a suit in the Court for the cancellation of such notification and the Government shall cancel the
notification if the Court so directs:
Provided that the Court shall have no power to suspend the operation of the notification pending the
disposal of the suit.
(2) Any party aggrieved by a decree of the Court under sub-section (1) may, within ninety days from the
date of the decree, appeal to the High Court.
(3) Notwithstanding anything contained in section 75-A or section 75-B, if the Government, after taking
into consideration such matters relating to the management and administration of the religious
institution as may be prescribed are satisfied that it is no longer necessary to continue a notification
continued in force under section 75-A or under section 75-B, they may cancel the notification.
(4) In respect of a religious institution governed by a notification continued in force under section 75-A
or section 75-B,-
(a) the scheme of administration, if any, settled and all rules, if any, framed under such scheme shall
cease, and shall be deemed always to have ceased, to apply to the institution and shall become,
and shall be deemed always to have become, inoperative; and such scheme and rules shall not
be revived by reason of the cancellation of the notification under sub-section (1) or sub-section
(3);
(b) the Commissioner shall have power and shall be deemed always to have had power to appoint a
salaried Executive Officer who shall be a person professing the Hindu religion.]

76. 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.

CHAPTER VII

Encroachments

77. Transfer of lands appurtenant to or adjoining religious institutions prohibited except in

special cases. - (1) Notwithstanding anything contained in section 34, no trustee of a religious
institution shall lease or mortgage with possession or grant a licence for the occupation of -
(a) any land belonging to the religious institution which is appurtenant to or adjoins the religious
institution, or any sacred tank, well, spring or watercourse, appurtenant to the religious institution
whether situated within or outside the precincts thereof, or
(b) any space within or outside the prakarams, mantapams, courtyards or corridors of the religious

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institution:

Provided that nothing contained in this sub-section shall apply to the leasing or licensing of any such
land or space 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 religious institution.
(2) Any lease or mortgage with possession or licence in contravention of the provisions of sub-section
(1) shall be null and void.
(3) Notwithstanding anything contained in sub-section (1) or (2), [the Commissioner] may sanction the
lease or mortgage with possession or granting of a licence for the occupation of any such land or space
as is mentioned in sub-section (1) and situated outside the precincts of a religious institution for any
purpose other than a purpose mentioned in the proviso to sub-section (1).
[78. Encroachment by persons on land or building belonging to charitable or religious institution
or endowment and the eviction of encroachers. - (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 (hereinafter in this section referred to as "encroacher") any land, building,
tank, well, spring or water-course or any space wherever situated belonging to the religious institution or
endowment (hereinafter referred to as the "property"), he shall report the fact together with relevant
particulars to the Joint Commissioner having jurisdiction over the division in which the religious
institution or endowment is situated.
Explanation. - For the purpose of this section, the expression "encroacher" shall mean any person who
unauthorisedly occupies any tank, well, spring or water-course or any property and to include -
(a) any person who is in occupation of property without the approval of the competent authority
(sanctioning lease or mortgage or licence); and
(b) any person who continues to remain in the property after the expiry of termination or cancellation
of the lease, mortgage or licence granted to him.

(2) Where on a perusal of the report received by him under sub-section (1), the Joint Commissioner
finds that there is a prima facie case of encroachment, he 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 encroachment before the date specified on the
notice should not be made. A copy of the notice shall also be sent to the trustees of the religious
institution or endowment concerned.
(3) The notice referred to in sub-section (2) shall be served in such manner as may be prescribed.
(4) Where, after considering the objections if any, of the encroacher received during the period specified
in the notice referred to in sub-section (2) and after conducting such inquiry as may be prescribed, the
Joint Commissioner is satisfied that there has been an encroachment, he may by order and for reasons
to be recorded require the encroacher to remove the encroachment and deliver possession of the

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property (land or building or space) encroached upon to the trustee before the date specified in such
order.
(5) During the pendency of the proceeding, the Joint Commissioner shall order the encroacher to
deposit such amount as may be specified by him in consideration of the use and occupation of the
properties in question in the manner prescribed.]
[79. Mode of eviction on failure of removal of the encroachment as directed by the Joint
Commissioner. - (1) Where within the period specified in the order under sub-section (4) of section 78,
the encroacher has not removed the encroachment and has not vacated the property, the Assistant
Commissioner having jurisdiction over the division may remove the encroachment and obtain
possession of the property encroached upon, taking such police assistance as may be necessary. Any
Police Officer whose help is required for this purpose shall render necessary help to the Assistant
Commissioner.
(2) Nothing in sub-section (1) shall prevent any person aggrieved by the order of the Joint
Commissioner under sub-section (4) of section 78 from instituting a suit in a Court to establish that the
religious institution or endowment has no title to the property:
Provided that no Civil Court shall take cognizance of any suit instituted after six months from the date of
receipt of the order under sub-section (4) of section 78:
Provided further that no such suit shall be instituted by a person who is let into possession of the
property or who is a lessee, licensee or mortgagee of the religious institution or endowment.
(3) No injunction shall be granted by any Court in respect of any proceeding taken or about to be taken
by the Joint Commissioner under section 78.]
[79A. Encroachment by group of persons on land belonging to charitable religious institutions
and their eviction. - (1) Where the Joint 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 a 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 Joint Commissioner or any officer authorised by him in this behalf, the Joint Commissioner shall,
notwithstanding anything contained in this Act order after giving due notice, the immediate eviction of
the encroachers from the land and the taking of possession of the land and thereupon, it shall be lawful
for any officer authorised by the Joint Commissioner in this behalf to evict the encroachers from the land
by force, taking such police assistance as may be necessary and take possession of the land. Any
Police Officer whose help is required for this purpose shall be bound to render the necessary help to the
Joint Commissioner or to such officer authorised by him.
(2) Where, in any proceedings taken under this section or, in consequence of anything done under this
section, a question arises as to whether any land is the property of the charitable or religious institution
or endowment, such land shall be presumed to be property of the charitable or religious institution or

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endowment until the contrary is proved by the encroacher.

(3) Any order of eviction passed by the Joint Commissioner under sub-section (1) shall be final and
shall not be questioned in any Court.
79B. Penalty for offences in connection with encroachment. - (1) No person, on or after the
commencement of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act,
1996 (Tamil Nadu Act 39 of 1996) shall occupy otherwise than by lawful possession any property
belonging to a charitable or religious institution or endowment.
(2) Whoever contravenes the provisions of sub-section (1), shall on conviction be punished with
imprisonment for a term which shall not be less than three months, but which may extend to five years
and with fine which may extend to five thousand rupees.
(3) No Court shall take cognizance of an offence punishable under subsection (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 Judicial Magistrate of the First Class.
79C. Recovery of moneys due to religious institution, as arrears of land revenue. - Without
prejudice to any other mode of recovery which is being taken or may be taken under this Act or any
other law for the time being in force, any moneys due to a religious institution may be recovered as if it
were an arrear of land revenue and for the purposes of such recovery the Commissioner of the Hindu
Religious and Charitable Endowments (Administration) Department or any officer not below the rank of
Deputy Commissioner authorised by the Commissioner in this behalf, shall have the powers of a
Collector under the Tamil Nadu Revenue Recovery Act, 1864 (Tamil Nadu Act II of 1864).]
80. Eviction of lessees, licensees or mortgagees with possession in certain cases. - (1) Where
the Assistant Commissioner having jurisdiction over the area in which the religious institution is situated
is of the view that the lessee, licensee or mortgagee with possession of any land belonging to the
religious institution, [wherever it is situated] or any sacred tank, well, spring or water-course,
appurtenant to the religious institution, whether situated within or outside the precincts thereof or any
space within or outside the prakarams, mantapams, courtyards or corridors of the religious institutions,
has taken any action which has marred or is likely to mar the artistic appearance or the religious
atmosphere of the religious institution, the Assistant Commissioner shall report the fact together with
relevant particulars to [the Joint Commissioner or the Deputy Commissioner, as the case may be,]
having jurisdiction over the area which the religious institution is situated.
(2) [The Joint Commissioner or the Deputy Commissioner, as the case may be,] if satisfied that the
artistic appearance or the religious atmosphere of the religious institution has been marred or is likely to
be marred by the action of the lessee, licensee or mortgagee with possession shall cause to be served
on the lessee, licensee or mortgagee concerned a notice calling on him to show cause before a certain
date why an order terminating the lease or licence or cancelling the mortgage and requiring the lessee,

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licensee or mortgagee, as the case may be, to deliver or possession of the property which is the subject
of the lease, licence or mortgage to the trustee before a date specified in the notice should not be
made. A copy of the notice shall also be sent to the trustee of the religious institution concerned.
(3) The notice referred to in sub-section (2) shall be served in such manner as may be prescribed.
(4) After considering the objections, if any, of the lessee, licensee or mortgagee, received within the
period specified in the notice referred to in sub-section (2), [the Joint Commissioner or the Deputy
Commissioner, as the case may be,] may, if he decides that the artistic appearance or the religious
atmosphere of the religious institution has been marred or is likely to be marred by the action of the
lessee, licensee or mortgagee, by order, terminate the lease or licence or cancel the mortgage and
require the lessee, licensee or mortgagee to deliver possession of the property which is the subject of
the lease, licence or mortgage to the trustee, before a date specified in the order.
(5) The order of [the Joint Commissioner or the Deputy Commissioner, as the case may be], shall be in
writing and shall contain the grounds on which he has passed the order.
81. Appeals against Joint Commissioners or the orders of Deputy Commissioner under section
80. - (1) Any person aggrieved by an order passed by [the Joint Commissioner or the Deputy
Commissioner, as the case may be], under section 80 may, within thirty days from the date of the
receipt by him of such order, prefer an appeal in writing to the Commissioner.
(2) On such appeal being preferred, the Commissioner may order stay of further proceedings in the
matter pending decision on the appeal.
(3) The Commissioner shall call for the records of the case from [the Joint Commissioner or the Deputy
Commissioner, as the case may be], and after giving notice in the manner prescribed to the appellant
and the trustee of the religious institution and if necessary after making such further inquiry as he thinks
fit, shall decide the appeal.
(4) The decision of the Commissioner and subject to such decision an order of [the Joint Commissioner
or the Deputy Commissioner, as the case may be], shall be final and shall be conclusive evidence that
the artistic appearance or the religious atmosphere of the religious institution has been marred or is
likely to be marred.
(5) Where no appeal against an order of [the Joint Commissioner or the Deputy Commissioner, as the
case may be], has been preferred under sub-section (1) or where such an appeal has been preferred
and dismissed, the Assistant Commissioner may enter into possession of the land after a specified date
and the trustee of the religious institution shall forthwith take steps for restoring the artistic appearance
or religious atmosphere of the religious institution. Any Police Officer whose help is required by the
Assistant Commissioner for obtaining possession of the land shall be bound to render the necessary
help.
82. Payment of compensation. - (1) Where, in pursuance of any order passed under the foregoing
provisions of this Chapter, any lessee, licensee or mortgagee with possession loses possession of any

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land, there shall be paid compensation, the amount of which shall be determined by the Tribunal
constituted under section 83 in the manner, and in accordance with the principles hereinafter set out,
that is to say -
(a) at the commencement of the proceedings before the Tribunal, the trustee of the religious
institution and the person to be compensated shall state what in their respective opinion is a fair
amount of compensation;
(b) the Tribunal in making its award shall have regard to the nature of the property, the use to which
it has been put, the rent, fee or other income payable in accordance with the terms of the lease,
licence or mortgage, as the case may be;
(c) the compensation awarded by the Tribunal shall not exceed the amount, if any, payable by the
lessee or licensee for the unexpired period of the lease or licence and in the case of a mortgage,
the amount secured by the mortgage together with the interest due thereon.

(2) The compensation awarded by the Tribunal shall be payable out of the funds of the religious
institution after the trustee obtains the permission of [the Joint Commissioner or the Deputy
Commissioner, as the case may be], in accordance with the provisions of this Act.
(3) Save as provided in this section and in any rules made under this Act, nothing contained in any law
for the time being in force shall apply to awards under this section.
83. Constitution of Tribunals. - (1) The Government shall constitute as many Tribunals as may be
necessary for the purposes of this Chapter.
(2) Each Tribunal shall consist of such number of members not exceeding three as may be determined
by the Government, and if the number of such-members is more than one, one of them shall be
appointed as the Chairman by the Government.
(3) Each Tribunal shall have such jurisdiction and over such area as the Government may, by
notification, from time to time, determine.
(4) The qualifications to be possessed by persons for appointment as members of a Tribunal and the
conditions of service of such members shall be such as may be prescribed.
(5) Every Tribunal shall have the same powers as are vested in Civil Court under the Code of Civil
Procedure, 1908 (Central Act V of 1908), when trying a suit.
(6) If for any reason a vacancy (other than a temporary absence) occurs in the office of the Chairman of
any Tribunal or any other member of any Tribunal, then, the Government shall appoint another person
in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued
before the Tribunal from the stage at which the vacancy is filled.
(7) No act or proceeding before any Tribunal shall be called in question in any manner on the ground
merely of the existence of any vacancy in or defect in the constitution of such Tribunal.
84. Suits against award. - Any party aggrieved by an award of the Tribunal under section 82 may,
within ninety days from the date of the receipt of the award by him, institute a suit in the Civil Court
having jurisdiction over the area in which the religious institution is situated.

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85. Protection of action taken under this Chapter. - (1) No suit, prosecution or other legal proceeding
shall lie against any person for anything which is, in good faith, done or intended to be done in
pursuance of the provisions of this Chapter or any order made in pursuance of any of those provisions.
(2) No suit or other legal proceeding shall lie against the Tribunal [Commissioner, [Additional
Commissioner], Joint Commissioner, Deputy Commissioner] or Assistant Commissioner for any
damage caused or likely to be caused anything, in good faith, done or intended, to be done in
pursuance of the provisions of this Chapter or any order made in pursuance of any of those provisions.

CHAPTER VIII

Budgets Accounts and Audit

86. Budget of religious institution. - (1) The trustee of every religious institution shall, before the end
of March in each year, submit, in such form as may be specified by [the Commissioner], a budget
showing the probable receipts and disbursements of the institution during the following fasli year:-
[(a) to the Commissioner, in the case of maths arid specific endowments attached to maths;]
(b) to the Joint Commissioner/Deputy Commissioner, in the case of institutions included in the list
published under section 46;
(c) to the Assistant Commissioner, in the case of other institution.

(2) Every such budget shall make adequate provision for-

(a) the due maintenance of the objects of the institution and the proper performance of the services
therein;
(b) the due discharge of liabilities of loans binding on the institution;
(c) the repair and renovation of the buildings connected with the institution, the provision made
under this clause not being less than twenty-five per centum of the surplus in the income of the
institution for the year;
(d) the contribution to the reserve fund of the institution at such per centum of the income as the [the
Commissioner] may fix;
(e) the maintenance of the working balance.

(3) [The Commissioner, Joint Commissioner, Deputy Commissioner or Assistant Commissioner], as the
case may be, may, after giving notice to the trustee in the prescribed manner and after considering his
representations, if any, make such alteration, omissions, or additions, in the budget as [he may] deem
fit.
(4) Any trustee may, within one month from the date of the receipt by him of the order under sub-section
(3), appeal against that order-
[(a) where the order has been made by the Assistant Commissioner, to the Joint Commissioner or
Deputy Commissioner;
(b) where the order has been made by the Joint Commissioner or Deputy Commissioner, to the

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Commissioner;
(c) where the order has been made by the Commissioner, to the Government.]

(5) If, in the course of a fasli year, the trustee finds it necessary to modify the provisions made in the
budget in regard to the receipts or to the distribution of the amounts to be expended under the different
heads, he may submit to [the Commissioner, Joint Commissioner, Deputy Commissioner or Assistant
Commissioner], as the case may be, his supplemental or revised budget, provided that no alteration
shall be made in the amount allotted for discharge or liabilities and loans or in the working balance, and
[the Commissioner, Joint Commissioner, Deputy Commissioner, or Assistant Commissioner], as the
case may be, may make such alterations, omissions or additions as provided in sub-section (3).
(6) The trustee shall, within two months after the close of each fasli year, submit to [the Commissioner,
Joint Commissioner, Deputy Commissioner or Assistant Commissioner], as the case may be, in such
form as may be fixed [by the Commissioner] a statement of actual receipts and disbursements relating
to that fasli year, with particulars of expenditure, if any, incurred without sanction and explaining the
necessity therefor or the urgency thereof, [the Commissioner, Joint Commissioner, Deputy
Commissioner or Assistant Commissioner], as the case may be, may, after considering the explanation
of the trustee, approve and ratify such expenditure, if such expenditure was beneficial or necessary to
the institution.
87. Accounts and Audit. - (1) The trustee of every religious institution shall keep regular accounts of
all receipts and disbursements. Such accounts shall be kept for each fasli year separately and in such
form and shall contain such particulars as may be specified by [the Commissioner].
(2) The accounts of every religious institution shall be audited by auditors appointed in the prescribed
manner and such auditors shall be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code (Central Act LXV of 1860).
(3) The accounts of every religious institution, the annual income of which as calculated for the
purposes of Section 92 for the fasli year, immediately preceding is not less than [five lakhs rupees] shall
be subject to concurrent audit, that is to say, the audit shall take place as and when the expenditure is
incurred. The accounts of every other religious institution, the annual income of which calculated as
aforesaid or the fasli year immediately preceding is not less than one thousand rupees, shall be audited
annually or if [the Commissioner] so directs in any case or class of cases at shorter intervals.
(4) The accounts of any other religious institution, the annual income of which calculated as aforesaid
for the fasli year immediately preceding is less than one thousand rupees shall be audited
departmentally and no fee shall be levied therefor.
(5) It shall be the duty of the trustee of the institution concerned and all officers and servants working
under him, his agent and any person having concern in the administration of the institution [to produce
before the auditors within such period as may be prescribed] all accounts, records, correspondence,
plans and other documents and property and moneys relating to the institution to furnish them with such

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information as may be required, and to afford them all such assistance and facilities as may be
necessary or reasonable and as maybe required in regard to the audit of the accounts of the institution.
88. Authority to whom Audit Report is to be submitted. - After completing the audit for any fasli year
or shorter period, or for any transaction or series of transactions, as the case maybe, the auditor shall
send a report-
[(a) to the Commissioner, in respect of maths and specific endowments attached to maths;
(b) to the Joint Commissioner, Deputy Commissioner, in respect of institutions included in the list
published under section 46; and
(c) to the Assistant Commissioner in respect of their institutions.]

89. Contents of Audit Report. - (1) The auditor shall specify in his report all cases of irregular, illegal or
improper expenditure, or of failure to recover moneys due or other property belonging to the religious
institution or of loss or of waste of money or other property thereof, caused by neglect or misconduct or
misapplication or collusion or fraudulent transactions or breach of trust on the part of the trustee or any
other person.
(2) The auditor shall also report on such other matter relating to the accounts as may be prescribed, or
on which [the Commissioner, Joint Commissioner, Deputy Commissioner or Assistant Commissioner],
as the case may be, may require him to report.
90. Rectification of defects disclosed in audit and order of surcharge against trustee, etc. - (1)
The [Commissioner, Joint Commissioner, Deputy Commissioner or Assistant Commissioner], as the
case maybe, shall send a copy of every audit report relating to the accounts of a religious institution to
the trustee thereof, and it shall be the duty of such trustee to remedy any defects or irregularities
pointed out by the auditor and report the same to the [Commissioner, Joint Commissioner, Deputy
Commissioner or Assistant Commissioner], as the case may be.
(2) If, on a consideration of the audit report and the report of the trustee and after such inquiry as may
be necessary, the [Commissioner, Joint Commissioner, Deputy Commissioner or Assistant
Commissioner], as the case may be, thinks that the trustee or any other person was guilty of irregular,
illegal or improper expenditure, or of loss or waste of money or other property thereof caused by failure
to recover moneys due or other property belonging to the religious institution or by neglect or
misconduct or misapplication or collusion or fraudulent transactions or breach of trust, the
[Commissioner, Joint Commissioner, Deputy Commissioner or Assistant Commissioner], as the case
may be, may after giving notice to the trustee or such person to show cause why an order of surcharge
should not be passed against him and after considering his explanation, if any, by order certify the
amount so spent or the amount or value of the property so lost or wasted, and direct the trustee or such
person to pay within a specified time such amount or value personally:
Provided that if, in respect of any expenditure or dealing with the property of the institution, the trustee
or such person, had obtained the directions of the [Commissioner, Joint Commissioner, Deputy

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Commissioner or Assistant Commissioner], as the case may be, and had acted in accordance with such
directions, he shall not be held liable.
(3) The [Commissioner, Joint Commissioner, Deputy Commissioner or Assistant Commissioner], as the
case may be, shall forward a copy of the order under sub-section (2) with the reasons for the same by
registered post to the trustee or person concerned.
(4) The trustee or other person aggrieved by such order may, within thirty days of the receipt by him of
the order, either-
(a) apply to the Court to modify or set aside the order, and the Court, after taking such evidence as
is necessary, may confirm, modify or remit the surcharge with such orders as to costs as it may
think appropriate in the circumstances, or
(b) in lieu of such application, may appeal to the Government who shall pass such orders as they
think fit.

(5) Neither the Court, nor the Government to which or to whom an application or appeal is made under
sub-section (4) shall have power to stay the operation of the order pending the disposal of the
application or appeal.
(6) An order of surcharge under this section against a trustee shall not bar a suit for accounts against
him except in respect of the matter finally dealt with by such .order.
(7) The Collector of the district in which is situated any property of the trustee or other person from
whom an amount is recoverable by way of surcharge 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 religious institution
concerned.
(8) Where [the Commissioner] is satisfied that the trustee or other person with intent to defeat or delay
the execution of any order that may be made under sub-section (2) or sub-section (4) -
(a) is about to dispose of the whole or any part of his property; or
(b) is about to remove the whole or any part of his property from the jurisdiction of [the
Commissioner],

may, unless adequate security is furnished, apply to the Court pending the decision of the Court or
Government for conditional attachment of the said property or such part thereof, [as he thinks
necessary].
91. Chapter to apply notwithstanding provision in scheme. - The provisions of this Chapter shall
apply to every religious institution, notwithstanding anything to the contrary contained in any scheme
settled or deemed to have been settled under this Act.

CHAPTER IX

Finance

92. Religious institutions to pay an annual contribution to the Government. - (1) Every religious

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institution shall, from the income derived by it, pay to the Commissioner annually such contribution not
exceeding [twelve per centum] of its income as may be prescribed in respect of the services rendered
by the Government and their officers and for defraying the expenses incurred on account of such
services.
[(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 five
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 per centum of its income up to five lakhs rupees and four
per centum of its income if the income exceeds five lakhs, as the Commissioner may determine.]
(3) The annual payments referred to in sub-sections (1) and (2) shall be made notwithstanding anything
to the contrary contained in any scheme settled or deemed to have been settled under this Act for the
religious institution concerned.
(4) The Government shall pay the expenses incurred for the purposes of this Act, including the-
[(i) ***]
(ii) expenses of consultative committees and sub-committees thereof, constituted by the
Government or by any officer or authority subordinate to the Government and specially
authorised by them in this behalf,
(iii) cost of the publication of journals, books, annuals and descriptive accounts relating to religious
institutions,
[(iv) expenses of the District Committees.]

93. Recovery of costs and expenses incurred on legal proceedings. - Notwithstanding anything
contained in sub-section (1) of section 102, all costs, charges and expenses incurred by [the
Government,] the Commissioner, [an Additional Commissioner,] [a Joint Commissioner], a Deputy
Commissioner, or an Assistant Commissioner as a party to, or in connection with, any legal proceeding
in respect of any religious institution shall be payable out of the funds of such institution, except in cases
where a liability to pay the same has been laid on any party or other person personally and the right to
reimbursement under this section has been negatived in express terms.
94. Assessment and recovery of contributions, costs, charges and expenses. - (1) The
contributions, costs, charges and expenses payable under sections 92 and 93 shall be assessed on,
and notified to, the trustee of the religious institution concerned in the prescribed manner:
Provided that, if for any reason, any portion of the contribution, costs, charges and expenses has
escaped assessment, the Commissioner may, within the prescribed period, serve on the trustee a
notice assessing him to the portion of the contribution, costs, charges or expenses, as the case may be,
due and demanding payment thereof within fifteen days from the date of such service; and the
provisions of this Act and the rules made thereunder shall, so far as may be, apply as if the assessment
was made in the first instance.

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(2) (a) Such trustee may, within fifteen days from the date of the receipt of the notice under sub-section
(1) or under the proviso thereto or within such further time as may be granted by the Commissioner,
prefer his objection thereto, if any, to the Commissioner in writing. Such objection may relate either to
his liability to pay or to the amount specified in the notice.
The Commissioner shall consider such objection and give his decision confirming, withdrawing or
modifying his original notice.
(b) Within one month from the date of the receipt of the notice of assessment, or when objection has
been preferred, within one month from the date of the decision of the Commissioner, or within
such further time as may be granted by him, such trustee shall pay the amount specified in the
notice under sub-section (1) or under the proviso thereto or the amount as fixed by the
Commissioner on objection.

(3) If the trustee fails to pay the amount aforesaid within the time allowed, the Collector of the district in
which any property of the religious institution is situated 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.
(4) (a) On receipt of a requisition under sub-section (3), the Collector shall issue a notice to the trustee
concerned-
(i) requiring him, within fifteen days from the date of the service thereof, to pay 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 Collector
shall proceed to recover the amount specified in the notice (with the charges of collection) as if it
were an arrear of land revenue.

(5) The Collector shall, on receipt of a requisition under sub-section (3), withhold the amount mentioned
therein out of the tasdik or any other allowance or amount payable by the Government to the religious
institution concerned, but where the tasdik or other allowance or amount is insufficient for the purpose,
the Collector shall withhold the tasdik or other allowance or amount available and recover the balance
as if it were an arrear of land revenue.
(6) Places of worship, including temples and tanks and places where utsavams are performed, idols,
vahanams, jewels and such vessels and other articles of the religious institution as may be necessary in
accordance with the usage of the institution for purposes of worship or processions shall not be liable to
be proceeded against in pursuance of sub-sections (3), (4) and (5).
(7) Instead of selling the property after attachment thereof under the provisions of the Tamil Nadu
Revenue Recovery Act, 1864 (Tamil Nadu Act II of 1864), it shall be open to the Collector at the
instance of the Commissioner to appoint a Receiver to take possession of the property or such portion
thereof as maybe necessary and collect the income thereof until the amount sought to be recovered is

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realised. The remuneration, if any, paid to the Receiver, and the other expenses incurred by him shall
be paid out of the income of the institution concerned.
(8) No suit, prosecution or other legal proceeding shall be entertained in any Court of Law against the
Government or any officer or servant of the Government for anything done or intended to be done in
good faith in pursuance of this section.
95. Contribution not to be levied in certain cases. - It shall not be competent for the Commissioner
to levy any contribution for more than three faslis immediately preceding the fasli in which a notice of
assessment is issued under section 94.

CHAPTER X

Endowments Administration Fund

96. Religious and Charitable Endowments Administration Fund. - (1) There shall be established a
Fund to be called the [Tamil Nadu Hindu Religious Religious and Charitable Endowments
Administration Fund]. The Fund shall vest in the Commissioner.
(2) The assets which devolved on the Government under section 101 of the Madras Hindu Religious
and Charitable Endowments Act, 1951 (Madras Act XIX of 1951), the stuns which may be transferred to
the Commissioner by the Government, the sums due to the Government under the said Act, the
contributions payable under sub-section (1) of section 92 and the further sums payable under sub-
section (2) of section 92 shall, when realised, be credited to the said Fund. It shall be lawful for the
Commissioner to accept to the credit of the said Fund grants or loans from the Government and grants
from any private person. The Commissioner shall, out of the said Fund, repay to the Government sums
paid by the Government under sub-section (4) of section 92 and loans received from the Government.
97. Creation of Hindu Religious and Charitable Endowments Common Good Fund. - (1) It shall be
lawful for [the Commissioner] to create a Fund to be called the Hindu Religious and Charitable
Endowments Common Good Fund [hereinafter in this section referred to as the said Fund] out of the
contributions voluntarily made by the religious institutions from their surplus funds or by any person for
the renovation and preservation of needy temples and their [buildings and paintings, for the promotion
and propagation of tenants common to all or any class of religious institutions and for any of the
purposes specified in subsection (1) of section 66].
[(1-A) [the Commissioner] may, on a direction from the Government, transfer to the said Fund, any
surplus or such portion thereof, as may be specified in the direction, remaining in the [Tamil Nadu Hindu
Religious and Charitable Endowments Administration Fund] after the repayment of the amounts
specified in sub-section (2) of section 12 and sub-section (2) of section 96.]
(2) The said Fund shall be vested in, and administered by, [the Commissioner] in such manner as may
be prescribed.

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[CHAPTER X-A]

Devaswom Fund

97A. Maintenance of Incorporated Devaswoms out of Devaswom Fund. - The Board of Trustees
constituted under clause (b) of sub-section (1) of section 47 shall, out of the Devaswom Fund,
established under sub-section (1) of section 112 of the States Reorganisation Act, 1956 (Central Act 37
of 1956) and referred to in section 97-B, maintain the Incorporated Devaswoms, keep in a state of good
repair the temples, buildings and other appurtenances thereto, administer the said Devaswoms in
accordance with the recognised usages, make contributions to other Devaswoms in the transferred
territory and meet the expenditure for the customary religious ceremonies and may provide for the
educational uplift, social and cultural advancement and economic betterment of the Hindu Community.
97B. The Devaswom Fund. - The Devaswom Fund shall consist of-
(i) the sum of thirteen lakhs and fifty thousand rupees mentioned in Article 290-A of the Constitution
of India as payable to the Devaswom Fund in the State of Tamil Nadu and the share of the
Devaswom Surplus Fund mentioned in sub-section (2) of section 112 of the States
Reorganisation Act, 1956 (Central Act 37 of 1956) transferred to the said Devaswom Fund;
(ii) the moneys realised, from time to time, by the sale of movable properties belonging to the said
Devaswoms;
(iii) all voluntary contributions and offerings made by devotees;
(iv) profits and interests received from investments of funds belonging to the said Devaswoms; and
(v) all other moneys belonging to, or other income received by, the said Devaswoms.

97C. Devaswom Surplus Fund and its administration. - The unspent balance of each year out of the
Devaswom Fund referred to in section 97-B or such portion of it, as may be determined by the Board of
Trustees constituted under clause (b) of sub-section (1) of section 47, and approved by [the
Commissioner] shall be added on to the Devaswom Surplus Fund. The Devaswom Surplus fund shall
be administered, subject to the direction and control of [the Commissioner].
97D. Devaswom properties. - Immovable properties entered or classed in the revenue records as
Devaswom Vaga or Devaswom Poramboke and such other Pandaravaka lands as are in the
possession or enjoyment of the Incorporated Devaswoms after the 30th Meenam 1097, corresponding
to the 12th April 1922 shall be dealt with as Devaswom properties. The provisions of the Tamil Nadu
Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905), shall be applicable to Devaswom lands as
in the case of Government lands.
97E. Unincorporated Devaswoms. - The properties and Funds of the Unincorporated Devaswoms
shall be kept distinct and separate as heretofore and shall not be utilised except for the purposes of
those Devaswoms.
Explanation I. - The sum of eighteen thousand rupees paid annually by the Government to the Board of

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Trustees constituted under clause (b) of sub-section (1) of section 47 by virtue of section 14 of the
Kanyakumari Sree Pandaravaka Lands (Abolition and Conversion into Ryotwari) Act, 1964 (Tamil Nadu
Act 31 of 1964), shall be deemed to be the funds of the Unincorporated Devaswoms mentioned in Part
II of Schedule II.
Explanation II. - The sum of two thousand rupees paid annually by the Government to the Board of
Trustees constituted under clause (b) of sub-section (1) of section 47 by virtue of section 28 of the
Kanyakumari Sreepadam Lands (Abolition and Conversion into Ryotwari) Act, 1972 (Tamil Nadu Act II
of 1973), shall be deemed to be the funds of the Unincorporated Devaswoms mentioned in Part III of
Schedule II.

CHAPTER XI

Miscellaneous

98. Public officers to furnish copies of or extracts from certain documents. - Notwithstanding
anything contained in any Act, or rule having the force of law, all public officers having custody of any
record, register, report or other document relating to a religious institution or any movable or immovable
property of such institution, shall furnish such copies of, or extracts from, the same as may be required
by [the [[Commissioner], Additional Commissioner,] Joint Commissioner, Deputy Commissioner].
99. Power to inspect. - [[[The Commissioner, the Additional Commissioner]], a Joint Commissioner,] a
Deputy Commissioner or an Assistant Commissioner shall, subject to such conditions and restrictions
as may be prescribed, be entitled at all reasonable times, to inspect in any public office any record,
register or other document, relating to a religious institution, or any movable or immovable property of
such institution.
100. Bequest under will for benefit of religious institution. - (1) Where under any will, a bequest has
been made in favour of a religious institution or where such bequest itself creates a religious institution,
it shall be the duty of the executor under the will to forward a copy thereof to the [(the Joint or Deputy or
Assistant Commissioner of the division] where such will may have been or is required to be, registered.
(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 [Joint Commissioner,
Deputy Commissioner or Assistant Commissioner] as provided by sub-section (1).
101. Putting Trustee or Executive Officer in possession. - (1) Where a person has been appointed-
(a) as trustee or executive officer of a religious institution, or
(b) to discharge the functions of a trustee of a religious institution in accordance with the provisions
of this Act, in any scheme framed by the Board before the 30th September 1951, and such
person is resisted in, or prevented from, obtaining possession of the religious institution or of the
records, accounts and properties thereof, by a trustee, office-holder or servant of the religious
institution who has been dismissed or suspended from his office or is otherwise not entitled to be

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in possession or by any person claiming or deriving title from such trustee, office-holder or
servant, not being a person claiming in good faith to be in possession on his own account or on
account of some person not being such trustee, office-holder or servant, any Presidency
Magistrate or any Magistrate of the first class in whose jurisdiction such institution or property is
situated shall, on application by the person so appointed and on the production of the order of
appointment, and where the application is for possession of property, of a certificate by [the
Commissioner] in the prescribed form setting forth that the property in question belongs to the
religious institution, direct delivery to the person appointed as aforesaid of the possession of such
religious institution, or the records, accounts and properties thereof, as the case may be:

Provided, however, that before issuing any such certificate in respect of any property, [the
Commissioner] shall give notice to the trustee, office-holder or servant of the religious institution, as the
case may be, [of his intention] to issue the certificate, and consider the objections, if any, of such
trustee, office-holder or servant:
Provided further that for the purpose of proceedings under this sub-section, the certificate aforesaid
shall be conclusive evidence that the properties to which it relates belong to the religious institution:
Provided also that nothing contained in this sub-section shall bar the institution of a suit by any person
aggrieved by an order under this sub-section for establishing his title to the said property.
Explanation. - A person claiming under an alienation contrary to the provisions of section 34 or 41 shall
not be regarded as a person claiming in good faith within the meaning of this sub-section.
(2) The Presidency Magistrate or the Magistrate of the first class referred to sub-section (1) may,
pending disposal of an application for directing delivery to the person appointed of the possession of the
properties mentioned in the certificate by the [the Commissioner] appoint a Receiver to take possession
of such properties or such portion thereof as may be necessary. The remuneration, if any, paid to the
Receiver and other expenses incurred by him shall be paid out of the income of the religious institution
concerned.
102. 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 93, direct the whole or any part of such costs, charges and expenses to be
met from the property or income of the religious institution or endowment concerned or to be borne and
paid in such manner and by such persons as it thinks fit.
(2) The costs, charges and expenses of, and incidental to, any appeal, application or other proceeding
before the Commissioner or a Joint Commissioner or a Deputy Commissioner shall be in his discretion
and he, shall have] full power to determine by whom or out of what funds and to what extent such costs,
charges and expenses are to be paid and the order passed in this regard may be transferred for
execution to the Court and shall be executed by the Court as if the order had been passed by itself if
and in so far as the Court considers the order to be a reasonable one.
103. Trustee not to lend or borrow moneys without sanction. - No trustee shall either lend moneys

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of, or borrow moneys for the purpose of, or on behalf of, the religious institution of which he is the
trustee except with the sanction of such authority and subject to such conditions and limitations as may
be prescribed.
Explanation. - For the purposes of this section, trustee includes the executive officer or other person in
whom the administration of a religious institution is vested.
104. Court-fees to be paid as prescribed by Schedule. - Notwithstanding anything contained in the
Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1995), the proper fees for
the documents described in columns (1) and (2) of [Schedule III] shall be the fees indicated in column
(3) thereof.
105. Saving. - Nothing contained in this Act shall-
(a) save as otherwise expressly provided in this Act or the rules made thereunder, affect any
honour, emolument or perquisite to which any person is entitled by custom or otherwise in any
religious institution, or its established usage in regard to any other matter; or
(b) authorise any interference with the religious and spiritual functions of the head of a math
including those relating to the imparting of religious instruction or the rendering of spiritual
service.

106. Removal of discrimination in the distribution of prasadams or theer-thams. - Notwithstanding

anything in this Act or in any text, rule or interpretation of Hindu law, or any custom or usage as part of
that law or in any other law or in any decree of Court, there shall be no discrimination in the distribution
of any Prasadam or Theertham in any religious institution on grounds only of caste, sex, place of birth
or any of them.
Explanation. -In this section-
(a) "Prasadam" means any cooked rice or other eatable, any fruit, flower, leaf, vibuthi, kumkumam,
tulsi, vilvam, turmeric, sandalpaste and includes such other thing as the Government may, by
notification, specify;
(b) "Theertham" means sacred water, jaggery water or milk and includes such other liquid as the
Government may, by notification, specify.

107. Act not to affect rights under Article 26 of the Constitution. - Nothing contained in this Act
shall, save as otherwise provided in section 106 and in clause (2) of Article 25 of the Constitution, be
deemed to confer any power or impose any duty in contravention of the rights conferred on any
religious denomination or any section thereof by Article 26 of the Constitution.
108. Bar of suits in respect of administration or management of religious institutions, etc. - No
suit or other legal proceeding in respect of the administration or management of a religious institution or
any other matter or dispute for determining or deciding which provision is made in this Act shall be
instituted in any Court of Law, except under, and in conformity with, the provisions of this Act.
[109. Central Act 36 of 1963 not to apply for recovery of properties of religious institution. -
Nothing contained in the Limitation Act, 1963 (Central Act 36 of 1963) shall apply to any suit for

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possession of immovable property belonging to any religious institution or for possession of any interest
in such property.]
110. Procedure and powers at inquiries under Chapters V and VI. - (1) Where a Commissioner, [or
a Joint Commissioner or a Deputy Commissioner] makes an inquiry or hears an appeal under Chapter
V or Chapter VI, the inquiry 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 I of 1872), and the Indian Oaths Act,
1873 (Central Act X of 1873), shall apply to such inquiries and appeals.
(3) The Commissioner [or a Joint Commissioner or a Deputy 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 Officers Protection Act, 1850 (Central Act XVIII of 1850).
111. Notifications, orders, etc., under Act not to be questioned in Court of law. - Save as otherwise
expressly provided in this Act, no notification or certificate issued, order passed, decision made,
proceedings or action taken, scheme settled, or other thing done under the provisions of this Act by [the
Government] [the Commissioner or the Additional Commissioner] [or a Joint Commissioner] or a Deputy
Commissioner, or an Assistant Commissioner shall be liable to be questioned in any Court of Law.
112 to 113. - [Omitted by section 31 of the Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1968 (Tamil Nadu Act 19 of 1968).]
[113A. Power of Government to direct disposal of appeal or revision pending before the
Commissioner by a judicial officer. - (1) Notwithstanding anything contained in this Act or in any other
law for the time being in force, the Government may, by notification, direct that any appeal or revision
pending before the Commissioner under this Act shall be disposed of by a judicial officer not below the
rank of Subordinate Judge.
(2) For the purposes of this section, the officer referred to in sub-section (1) shall have all the powers of
the Commissioner under this Act and any decision or order passed by such officer under this section
shall be deemed to be a decision or order passed by the Commissioner under this Act.]
114. Power of Government to call for records and pass orders. - (1) The Government may call for
and examine the record of [[[xxx] the Commissioner or the Additional Commissioner,] or any Joint or
Deputy or Assistant Commissioner,] or of any trustee in respect of any proceeding, not being a
proceeding in respect of which a suit or an appeal or application to a Court or an appeal to the
Government is provided by this Act to satisfy themselves as to the regularity of such proceeding or the
correctness, legality or propriety of any decision or order passed therein; and, if, in any case, it appears
to the Government that any 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 a

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reasonable opportunity of making his representations.

(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 21 and had been disposed of by him.
(4) Every application to the Government for the exercise of their power under this section shall be
preferred within three months from the date on which the order or proceeding to which the application
relates was communicated to the applicant.
[114A. Power of Government to review. - (1) The Government may, either on their own motion or on
application by any person aggrieved by an order of the Government under item (iii) of clause (a) or the
second proviso to clause (a) of sub-section (1) of section 47 or the second proviso to sub-section (1) of
section 49, review any such order,-
(a) on the basis of the discovery of new and important facts-

(i) which were not then within the knowledge of the Government when the order was made; or

(ii) which, after the exercise of due diligence where not then within the knowledge of the
applicant or could not be produced, by him when the order was made; or

(b) on the basis of some mistake or error apparent on the face of the record; or
(c) for any other sufficient reasons and pass such order thereon as they think fit:

Provided that no such order shall be made except after giving the person affected a reasonable
opportunity of being heard in the matter:
Provided further that no application for review shall be preferred more than once in respect of the same
order.
(2) Every application for review shall be preferred within such time and in such manner as may be
prescribed.
(3) The decision or order passed on the application for review shall be final.
(4) The Government may pass such interlocutory orders pending the decision on the application for
review as the Government may deem fit.
(5) The Government may award costs in any proceedings for review to be paid by the applicant as they
deem fit.]
115. Limitation. - In computing the period of limitation prescribed under this Act for any proceeding,
suit, appeal or application for revision against any order or decree passed under this Act, the time
requisite for obtaining a certified copy of such order or decree shall be excluded.
Explanation. - For the purposes of this section, order includes any annexure to such order.
116. Power to make rules. - (1) The Government may, by notification, make rules to carry out the

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purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for-
(i) all matters expressly required or allowed by this Act to be prescribed;
(ii) the form and manner in which applications and appeals should be submitted to the Government,
the Commissioner or the Additional, a Joint Commissioner or a Deputy Commissioner or an
Assistant Commissioner];
(iii) the powers of the Government, [(the Commissioner or the Additional Commissioner,) a Joint
Commissioner]], a Deputy Commissioner or an Assistant Commissioner to hold inquiries, to
summon and examine witnesses and to compel the production of documents;
(iv) the inspection of documents and the fees to be levied for such inspection;
(v) the fees to be levied for the issue and service of processes and notices;
(vi) the grant of certified copies and the fees to be levied therefor;
(vii) the budgets, reports, accounts, returns or other information to be submitted by trustees;
(viii) the convening of meetings of trustees and the quorum for, and the conduct of business at, such
meetings;
(ix) the manner in which the opinions of trustees shall be ascertained otherwise than at meetings;
(x) the proper collection of the income of, and the incurring of expenditure by, religious institutions;
(xi), the custody of the moneys of religious institutions, their deposit in, and withdrawal from, banks,
and the investment of such moneys;
(xii) the custody of jewels and other valuables and documents of religious institutions and the
conditions and restrictions subject to which the jewels and other valuables of religious institutions
may be disposed of;
[(xii-a) the manner in which, the persons (including the State Trading Corporation) to whom, the
conditions and restrictions subject to which, movable properties of any religious institution
including human hairs and other articles received as offerings in the religious institutions, shall be
sold or otherwise disposed of;]
(xiii) the manner in which and the period for which leases of properties of religious institutions shall
be made;
(xiv) the manner in which the accounts of religious institutions shall be audited and published, the
time and place of audit and the form and contents of the auditor's report;
(xv) the method of calculating the income of a religious institution for the purpose of levying
contribution and the rate at which it shall be levied;
(xvi) the security, if any, to be furnished by officers and servants employed for the purposes of this
Act;
(xvii) the preservation, maintenance, management and improvement of the properties and buildings
of religious institutions including architectural, sculptural and epigraphical features;
(xviii) the inspection and supervision of the properties and buildings of religious institutions, the

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reports to be submitted by persons making such inspection and supervision and the fees leviable
for such inspection, supervision and report;
(xix) the preservation of the images in temples;
(xx) the grant of travelling and halting allowances to the trustees;
[(xxi) the grant of travelling and halting allowances to the members of -

(a) the Advisory Committee;]

[(b) the District Committee;

(c) the Consultative Committee or sub-committee thereof constituted under sub-section (4) of
section 92];

(xxii) the preparation and sanction of the estimates and acceptance of tenders, in respect of public
works and for supplies in religious institutions;
[(xxiii) the qualifications to be possessed by the officers and servants for appointment to offices in
religious institutions and the conditions of service of all such officers and servants;]
(xxiv) the manner of proof of the fact that a person professes Hindu religion for the purposes of this
Act;
(xxv) the grant of pensions or gratuities to officers and servants of the Board who retired before the
30th September 1951; [xxx]
(xxvi) the grant of gratuities to the heirs of deceased officers and servants of the Board including
those who had retired before the 30th September 1951; [and]
[(xxvii) the manner in which the hundials and other receptacles in a

(a) religious institution for putting as offerings cash or other valuables, shall be installed,
maintained, opened and sealed; and

(b) ensuring proper safeguards of such hundials and receptacles.]

(3) All rules made and all notifications issued under this Act, shall, as soon as possible after they are
made or issued, be placed on the table of the [the Legislative Assembly] and shall be subject to such
modifications by way of amendment or repeal as the Legislature may make either in the same session
or in the next session.

CHAPTER XII

Transitional

117. Construction of reference to the Board, President or Commissioner. - Any reference to the
Board or its President or a Commissioner thereof contained in any enactment in force in the [State of
Tamil Nadu] or in any notification, order, scheme, rule, form or by-law made under any such enactment
and in force in the State, shall, on and from the 30th September 1951, be construed as a reference to
the Commissioner appointed or deemed to have been appointed under this Act:

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[Provided that it shall be competent for the Commissioner to delegate by order any of the powers
devolved upon him under this section, to [the Joint Commissioner or the Deputy Commissioner] or
Assistant Commissioner specified in such order subject to such conditions and restrictions as the
Commissioner may specify in this behalf; and the Commissioner may withdraw any of the powers
delegated to [the Joint Commissioner or the Deputy Commissioner] or Assistant Commissioner under
this section.]
118. Repeals and savings. - (1) The Madras Hindu Religious and Charitable Endowments Act, 1951
(Madras Act XIX of 1951) (hereinafter in this section referred to as the said Act) is hereby repealed.
(2) Notwithstanding the repeal of the said Act by sub-section (1)-
(a) all rules made, or deemed to have been made, notifications or certificates issued or deemed to
have been issued, orders passed or deemed to have been passed, decisions made or deemed to
have been made, proceedings or action taken or deemed to have been taken, schemes settled or
deemed to have been settled and things done or deemed to have been done by the Government,
the Commissioner, a Deputy Commissioner, an Area Committee or an Assistant Commissioner
under the said Act, shall, in so far as they are not inconsistent with this Act, be deemed to have
been made, issued, passed, taken, settled or done by the appropriate authority under the
corresponding provisions of this Act, and shall have effect accordingly;
(b) (i) if any provision contained in any scheme settled or deemed to have been settled under the
Madras Hindu Religious Endowments Act, 1926 (Madras Act II of 1927), including a scheme
settled under section 92 of the Code of Civil Procedure, 1908 (Central Act V of 1908), and in
force immediately before the 30th September 1951 is repugnant to any provision contained in this
Act or the rules made thereunder, the latter provision shall prevail, and the former provision shall,
to the extent of the repugnancy, be void;

(ii) all powers conferred and all duties imposed by such scheme on any Court or Judge or any
other person or body of persons not being a trustee or trustees or an honorary officer or
servant of the religious institution or endowment, shall be exercised and discharged by the
Commissioner, [Joint Commissioner, Deputy Commissioner] [xxx] or the Assistant
Commissioner, as the case may be, in accordance with the provisions of this Act;
(c) all orders made under section 67 of the Madras Hindu Religious Endowments Act, 1926 (Madras
Act II of 1927) shall, notwithstanding that they are inconsistent with this Act, continue in force, but
any such order may at any time be modified or cancelled by the [Joint Commissioner or the
Deputy Commissioner, as the case may be,] if it is an order made under sub-section (1) or sub-
section (3) of that section and by the Commissioner if it is an order made under sub-section (4) or
sub-section (5) of that section; and any person aggrieved by any modification or cancellation
made by the [Joint Commissioner or the Deputy Commissioner, as the case may be,] may prefer
an appeal to the Commissioner within such time as may be prescribed.

(3) The mention of particular matter in this section shall not be held to prejudice or affect the general
application of sections 8 and 18 of the [Tamil Nadu] General Clauses Act, 1891 (Tamil Nadu Act I of
1891), with regard to the effect of repeals.

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119. Conditions of service of certain persons. - (1) The Conditions of service appointed under sub-
section (1) of section 104 of the Madras Hindu Religious and Charitable Endowments Act, 1951
(Madras Act XIX of 1951) shall be regulated by rules made by the Government, from time to time, as if
they had entered the service of the Government on the date of their first entertainment as a member of
the Board or as its subordinate, as the case may be.
(2) To those not so appointed, the Government may accord such relief by way of pension, gratuity,
provident fund or leave with allowances as they may, in their discretion, deem fit.
(3) No Court shall entertain any suit or application for damages or compensation by any member of the
Board or any of its subordinates affected by subsection (1) of section 104 of the Madras Hindu
Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951), or for the variation of the
relief, i" any, granted under sub-section (2) of this section.
[119A. Board of Trustees control over Karanma services. - The Board of Trustees constituted under
clause (b) of sub-section (1) of section 47 shall, subject to the provisions of this Act and to such
conditions as may be prescribed, have control over the holders of all Karanma Services and also over
all the properties and other emoluments attached thereto.]
120. Commissioner to repay certain sums to the Government. - Any sum paid by the Government
before the publication of this Act in the [Fort St. George Gazette] for the expenses of Consultative
Committees or sub-committees thereof shall be repaid to the Government by the Commissioner from
out of the [Tamil Nadu Hindu Religious and Charitable Endowments Administration Fund] under sub-
section (2) of section 96 of this Act, as if sub-section (4) of section 92 of this Act were in force at all
relevant times.
[120A. Power to amend, alter or add to Schedule I. - The Government may, from time to time by
notification, amend, alter or add to Schedule I.]
121. [Omitted by section 13 of the Tamil Nadu Hindu Religious and Charitable Endowments (Third
Amendment) Act, 1974 (Tamil Nadu Act 50 of 1974).]
122. [Omitted by section 35 of the Tamil Nadu Hindu Religious and Charitable Endowments
(Amendment) Act, 1968 (Tamil Nadu Act 19 of 1968).]
[Schedule I]
[See section 6(12)]
List of Incorporated Devaswoms
Group Taluk Number and name of Major, Minor
Devaswom or Petty
1 2 3 4
Bhoothapandy Thovala 1 Bhoothapandy Major
2 Azhagianambi Do.

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3 Thiruvenkithapper Do.
4 Thiruppathisaram Do.
5 Thazhakudy Do.
6 Thovala Do.
7 Aruvamozhy Do.
8 Darasanamcope Do.
9 Chiramatom Minor
10 Bhuthapandyperumal Do.
11 Harihara Vinayagar Do.
12 Attinkarakrishnaswamy Do.
13 Madavilagam Do.
14 Jadayupuram Do.
15 Bhavagavathy Kottaram Do.
16 Kadukkara Do.
17 Emperuman Do.
18 Mulayanallor Do.
19 Sakalakala Marthanda Do.
Pillayar
20 Arumanallor Do.
21 Anthirapuram Do.
22 Do.
Umayeewaramudayanainar
23 Kotheswara Mudyanainar Do.
24 Azhagiamannar Do.
25 Thenpara Vinayagar Do.
26 Thiruvayar Do.
27 Esanthimangalam Do.
Perumal
28. Navalkkad Eluppavudaya Minor
Kantan Sastha
29. Udayamarthandeswarar Do.
30. Earavivinayagar Do.

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31. Karumenikantan Sastha Petty

32. Kozhunthadai Kantan Do.
Sastha
33. Meelakulathu Kantan Do.
Sastha
34. Aryankavu Kantan Sastha Do.
35. Arasudaya Kantan Do.
Sastha
36. Edamala Valayyan Do.
37. Nilappara Kantan Sastha Do.
38. Kalungumugathu Do.
Bhuthathan
39. Valia Yajaman Do.
40. Anandhavalli Amman Do.
41. Kottakara Kantan Sastha Do.
42. Chempoosy Do.
43. Keruchipara Kantan Do.
Sastha
44. Chandana Nanga Amman Do.
45. Nagaramman Do.
46. Alathura Valayyan Do.
47. Kaliyugathumeyyan Do.
48. Ananthapuram Do.
Bhuthathan
49. Arassadikantan Do.
50. Anamalakantan Do.
51. Aiyinimoottu Bhoothathan Do.
52. Attoor Kantan Sastha Do.
53. Vidankar Vinayagar Do.
54. Kulathumkara Kantan Do.
Sastha
55. Azhagadri Kantan Sastha Do.

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56. Annakkara Do.

Marthandeeswaramudaya
Nainar
57. Arassadi Kantan Sastha Do.
58. Veerakerala Pillayar Do.
59. Orana Kantan Sastha Do.
60. Karumeni Kantan Sastha Do.
61. Esanamatom Pillar Do.
62. Pulimugathu Kantan Do.
Sastha
63. Erukalam Kavudaya Do.
Kantan Sastha
64. Veeranarayanamangalam Do.
Neerkamudaya Kantan
Sastha
65. Irumudichozha Vinayagar
Do.
66. Sooramuppidary Amman Do.
Nagercoil Agasthees- 67. Suchindrum Major.
waram
68 Kanyakumari Do.
69 Agastheeswaram Do.
70 Marungoor Do.
71 Banamthitta Do.
72 Parakka Do.
73 Ezhagaram Do.
74 Vadiveeswaram Do.
75 Nagercoil Do.
76 Thaliyal Do.
77 Krishnancoil Do.
78 Perambalam Do.
79 Thekketheruvu Do.
Kulasekhara Perumal

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80 Asramam Krishnaswamy Do.

81 Mannoothi Nangamman Do.
82 Sarkaratheertha Minor
Viswanathar
83. Panchalangapuram Do.
Krishnaswamy
84. Vadaketheruvu Do.
Mahadevar
85. Akkara Mahadevar Do.
86. Karaiamanickazhwar Do.
87. Valampuri Vinayagar Do.
88. Arumugha Pillayar Do.
89. Kottavila Sastha Do.
90. Edartheertha Perumal Do.
91. Melavathi Vinayagar Do.
92. Thiruvenkita Vinna Do.
Perumal
93. Brahmarakshasa Perumal Do.
94. Apathukatha kantan Do.
Sastha
95. Do.
Periapandeeswaramudaya
Nainar
96. Kasi Viswanathar Do.
97. Alathaman Do.
98. Eraviputhur Eravi Do.
Vinayagar
99. Vishnupuram Do.
Krishnaswamy
100. Vannathamkulam Do.
Poosastha
101. Kothichapillayagaram Do.
Perumal

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102. Kothi Chapillayagaram Do.

Sivan
103. .Thekkuman Sakthi Petty.
Vinayagar
104. Veeramarthanda Do.
Vinayagar
105. Arasadi Vinayagar Do.
106. Kulasekhara Vinayagar Do.
107. Karumkalai Amman Petty.
109. Karuppukotta Do.
Kailasanathar
110. Puravassery Perumal Do.
111. Puruvassery Sivan Do.
112. Arassadi Krishnaswamy Do.
113. Poosastha Kanthan Do.
Sastha
114. Vasudevar Coil Do.
115. Kommandayhamman Do.
116. Cholapuram Do.
117. Enakodi Kantan Sastha Petty.
118. Peruvila Minor.
119. Vembanoor Do.
120. Kattimancode Do.
121. Srimad Dwaraka Do.
122. Brahmasandhi Kanni Petty.
Vinayagar
123. Sannadhitheru Do.
Viswanathar
124. Badrakali Do.
Thyagasoundari
125. Keezhatheru Do.
Viswanathar
126. Guhanadheeswarar Do.

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127. Oormuppidari Do.

128. Bhagavathymatom Do.
Baghavathy Vinayagar
129. Mandaramputhoor Do.
Damodhara Vinayagar
130. Maruthuvamala Do.
131. Alathu Badrakali Do.
132. Vazhiotakaran Do.
133. Elayanainar Do.
134. Koranadikorakkanathar Do.
135. Marukathalakantan Do.
Sastha
136. Valikoil Amman Do.
137. Koorudayakantan Do.
Sastha
138. Chempakanachi Amman Do.
139. Pachaperumal Sastha Do.
140. Theradi Esakki Amman Do.
141. Oottukuzhi Kannimar Do.
142. Bhutham Vanamgum Do.
Kantan Sastha
143. Sthanu Vinayagar Do.
144. Velikanta Mahadevar Do.
145. Esakki Amman Do.
146. Annamalakantan Sastha Do.
147. Eravikulam Petty.
148. Tharamanikantan Do.
Sastha
149. Rajakkamangalam Do.
Alanthamman
150. Kannakuruchi Sastha Do.
151. Puthukulam Sastha Do.
152. Grama Vinayagar Do.

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153. Abhimanamkatha Do.

Vinayagar
154. Thazhamkulam Do.
Vinayagar
155. Esakki Amman Do.
156. Bhuthathan Do.
157. Karpaka Vinayagar Do.
158. Putheri Eravi Vinayagar Do.
159. Velikkara Do.
159A Annakara Vinayagar Do.
Padmanabapuram Kalkulam 160. Thirunandikkara Major.
161. Ponmana Do.
162. Manalikkara Do.
163. Ramaswamy coil Do.
164. Nilakantaswamy coil Do.
165. Thevarakottu Do.
166. Alampara Do.
167. Melamcode Do.
168. Velimala Do.
169. Keralapuram Do.
170. Thiruvithamcode Do.
171. Alwarcoil Do.
172. Marthandeswaram Do.
173. Mondakad Do.
174. Valvachaghoshtam Do.
175. Radhakrishnan coil Do.
176. Bhadrakali Amman Minor
177. Esakki Amman Do.
178. Perumalcoil Do.
179. Sorimuhayyan Do.
180. Thampurancoil Do.
181. Koonamkani Do.

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182. Kodiyoor Do.

183. Kuzhikkode Do.
184. Venugopalakrishnancoil Do.
185. Palakozhi Minor.
186. Anakkara Sastha Do.
187. Madavilagom Do.
188. Sivagiri Do.
189. Kailasathu Mahadevar Do.
190. Vellapillayar Do.
191. Chunakara Sastha Do.
192. Kaverikad Sastha Do.
193. Adavallelha Nainar Do.
194. Mainindra Vinayagar Do.
195. Manavila Do.
196. Karakanteswaram Do.
197. Cheramangalam Do.
198. Thalakkulam Do.
199. Thirppaniyode Do.
200. Karingal Do.
201. Thikkanamcode Do.
202. Pannipagom Do.
203. Kattala Do.
204. Ethavila Sastha Do.
205. Poomala Do.
206. Kaithappuram Sastha Do.
207. Edatheri Sastha Do.
208. Thathancode Sastha Petty
209. Manamcode Sastha Do.
210. Kottaramatom Pillayar Do.
211. Shunmuga Vilasam Do.
Pillayar
212. Theradi Bhuthathan Do.

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213. Madan Thampuran Do.

214. Sannidhi Pillayar Do.
215. Uchi Pillayar Do.
216. Azhagia Pillayar Do.
217. Vilavoor Elangam Do.
218. Maravoor Konam Sastha Do.
219. Kakkotta Thala Do.
220. Puliyara Kantan Do.
221. Alathamman Do.
222. Chingankavu Do.
223.- Karayakulam Do.
224. Koottumangalam Do.
225. Chirakonam Sastha Petty
226. Kulesekara Pillayar Do.
227. Bhootha Pillayar Do.
228. Chemala Do.
229. Thumbattu Sastha Do.
230. Nandimangalam Do.
231. Atchaleeswaram Do.
232. Undicha Mahadevar Do.
233. Koodathookki Sastha Do.
234. Edampidicha Do.
Mahadevar
235. Anakkara Sastha Do.
236. Saralkala Sastha Do.
237. Chunakara Sastha Do.
238. Maramvilakki Sastha Do.
239. Pulimughathu Sastha Do.
240. Andoor Sastha Do.
241. Pullayil Sastha Do.
242. Kandanesseri Do.
Bhagavathy

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243. Nangoor Krishnaswamy Do.

244. Mekkode Kottavila Do.
Sastha
245. Panniyottu Thampuran Do.
246. Panniyottu Udayar Do.
247. Gnarakuzhy Sastha Do.
248. Kollenvilla Sastha Do.
249. Kundala Sastha Do.
250. Chempidari Amman Do.
251 . Puliyoor Kunuchi Sivan Do.
252. Velimala Do.
253. Padmanabhan Thoppu Do.
254. Pammathu Moola Do.
255. Munpala Sastha Do.
256. Ponnayiramudayar Do.
257. Kingini Sastha Do.
258. Pallikara Sastha Do.
259. Ethankadu Do.
260. Ardhakantan Sastha Do.
261. Apathukathar Do.
262. Karipalli Do.
263. Nethrakkoil Do.
264. Erumalavila Do.
265. Alampara Petty.
266. Kallettivila Do.
267. Kotheeswaram Do.
268. Kantan Sastha Do.
269. Bhoothamuttam Do.
270. Manalikkara Elangam Do.
271. Parayadi Sastha Do.
272. Kulangara Sastha Do.
273. Ariyappan Do.

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274. Panchakanyaka Do.

274A Kunnakad Do.
Kuzhithurai Kalkulam 275. Thiruvattar Major.
276. Thirupparappu Do.
Vilavancode 277. Kuzhithura Do.
278. Thirumala Do.
279. Parthivapuram Do.
280. Nattalam Vishnu Do.
281. Nattalam Sivan Do.
282. Thrivikramapuram Do.
Kalkulam 283. Thaliyal Minor.
284. Thirumuramboo Do.
Vilavancode 285. Payanam Do.
286. Thipramala Do.
Kalkulam 287. Kulasekharam Do.
Vilavancode 288. Chamundy Amman Do.
289. Keleswaram Do.
290. Kannacode Do.
291. Kulapuram Do.
292. Palugal Do.
293. Cheruvalloor Do.
Kalkulam 294. Aruvikara krishnaswamy Do.
295. Puthiakav Do.
Vilavancode 296.Piracode Do.
Kalkulam 297. Aramandam Do.
298. Methu Kummal Do.
299. Mannasekaram Do.
300. Thrippilamcode Do.
301. Kirathoor Do.
302. Kamukinthottam Do.
303. Chitharal Do.
304. Karipara Minor.

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305. Palliyara Do.

306. Edakode Do.
307. Aducode Do.
308. Puliyoorsala Do.
309. Kamukannoor Do.
310. Nelveli Do.
311. Mangode Do.
Kalkulam 312. Bakthaprian Petty.
Vilavancode 313. Chemmaruthankavu Do.
Kalkulam 314. Muttathura Mahadevar Do.
315. Muthalar Kantan Sastha Do.
316. Madayarathala Do.
Bhagavathy
317. Thenkara Kantan Do.
Sastha
318. Anayadi Sastha Do.
319. Kottavila Do.
320. Nattarthottam Do.
321. Ramanalloor Do.
322. Chettuthura Do.
323. Vazhvil Pillayar Do.
324. Athiserry Do.
325. Jagadheeswaram Do.
326. Kunnel Do.
327. Attoor Do.
328. Cherukole Do.
329. Nankoikal Do.
330. Kovinmoola Do.
331. Punakuzhi Do.
332. Mulamoodu Do.
333. Manakampara Do.
334. Pulippara Sastha Do.

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335. Krishnaswamy Do.

336. Erathukoikal Do.
337. Kuranganvila Do.
338. Somasingalam Do.
339. Chemmaruthankavu Do.
340. Chemmuthal Do.
341. Mulagumoodu Do.
342. Sivappada Do.
343. Kariyodu Do.
344. Pottakad Petty.
345. Aluvila Do.
346. Kunnuvila Do.
347. Kinathuvila Do.
348. Kanjiramthara Do.
349. Pratteeswaram Do.
350. Kumpalamkavu Do.
351. Vegampady Do.
352. Kuruthivila Do.
353. Puliyamthara Do.
354. Sambradu Do.
355. Kuthirode Do.
356. Kurichivila Do.
357. Vanniyoor Mala Do.
358. Kirathoor Do.
359. Thittachal Do.
360. Michakom Do.
361. Kuracode Do.
362. Achalipuram Do.
363. Uchimala Do.
364. Mudyanvila Do.
365. Konacoil Do.
366. Cheruvalloor Krishnan Do.

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367. Cheruvalloor Sastha Do.

Devaswaram
367A Devaswaram Do.
Shencottah Shencottah 368. Major.
Kasbakulasekaranathaswamy
369. Do.
Azhagiamanavalaperumal
370. Puliyara Do.
371.Elathoor Do.
Madhunathaswamy
372. Ayikudi Do.
Subramaniaswamy
373. Kilankad Do.
Jarnadhagneeswaraswamy
374. Sambavarvadakara Do.
Sree Moolanathaswamy
375. Arya Vinayagar Minor.
376. Krishnaswamy Do.
377. Suruki Ambalam Do.
378. Natarajaperumal Do.
379. Kuttala Vinayagar Do.
380. Kalakanteswaram Do.
381. Thiruvenkita Do.
Venniperumal
382. Krishnaswamy Minor
383. Arasalwar Do.
384. Pavizhakothayyanar Do.
385. Vedhanarayana Perumal Do.
386. Sundararaja Perumal Do.
387. Kulasekhara Vinayagar Petty.
388. Nithyakalyani Do.
Ammancoil
389. Chekkadi Vinayagar Do.

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391. Nalledampilla Ayyanar Do.

392. Mahattu Bhuthathan Do.
393. Do.
Kulasekharanangammen
394. Theradimadan Do.
395. Soolathuvamdayar Do.
396. Kuttala Vinayagar Do.
397. Nalloor Nangai Amman Do.
398. Pandanadheswarar Do.
399. Karkudi Veerakerala Do.
Vinayagar
400. Chelladam Pilla Ayyanar Do.
401. Pattu Bhuthathan Do.
402. Neeli Amman Do.
403. Nirakulathayyanar Do.
404. Thazhakkal Ayyanar Do.
405. Veerakerala Vinayagar Do.
406. Adhisoora Vinayagar Do.
407. Thadimadayar Sastha Do.
408. Thottachi Ayyanar Do.
409. Madayudayar Mani Do.
Kantan Sastha
410. Muppidari Amman Do.
411. Anchumuthayyanar Do.
412. Kuravan Pattayyanar Do.
413. Adhikantayyanar Do.
414. Ulkottayyanar Do.
415. Manamuthayyanar Do.
416. Aryankavu Do.
Surukambalam
417. Marthanda Vinayagar Do.
418. Adeenamazhaki Do.
Ayyanar

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419. Parathimga Vinayagar Do.

420. Nainathathu Muditha Do.
Vinayagar
421. Petchi Amman Do.
422. Sudalamadan Petty.
423. Gopuramudayar Do.
424. Vazhivettakaran Do.
425. Adaikalamkatha Ayyanar Do.
426. Sankara Vinayagar Do.
427. Payikovil Do.
428. Palavoodayar Do.
429. Chundakkattu Vinayagar Do.
430. Lekshmi Narayana Do.
Perumal
431. Azhagianachi Amman Do.
432. Panayadian Sastha Do.
433. Chempaka Vinayagar Do.
434. Pinamalasoodum Do.
Perumal
435. Padukula Sastha Do.
436. Muppidari Amman Do.
437. Karukanni Amman Do.
438. Mada Oodayar Do.
439. Oolakamman Do.
440. Marthanda Vinayagar Do.
441. Chockalingaswamy Do.
442. Do.
Gangaikkuvazhthamman
443. Arassaki Vinayagar Do.
444. Theradi Vinayagar. Do.
445. Muppidari Amman Do.
446. Nallamankar Vinayagar Do.

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447. Palavoodayar Sastha Do.

448. Silayeduthar Sastha Do.
449. Therveethi Vinayagar Do.
450. Sreeneelkanti Amman Do.
451. SilaPillayar Do.
452. Dhurgai Amman Do.
453. Bhadra Kali Amman Do.
454. Madaswamy Do.
455. Manhamutti Ayyanar Do.
Schedule II
[See section 6(23)]
Part II
List of Unincorporated Devaswoms
Serial number and name Name of Devaswom
of group
1 2
1. Bhoothapandy Group 1 Ethiravally Chozha.Vinayakar
2 Thazhayil Kanthan Sastha.
3 Kakkum Vinayagar.
4 Kannimoolavighneswarar.
5 Bheemanagari Ethiravally Chozhavinayagar.
6 Thrikkaliyanam Fund in the Thazhakudy
Devaswom.
2. Nagercoil Group 7 Marukathala Kantan Sastha Devaswom.
8 Thanuvalingaswamy Devaswom.
9 Kaikonda Vinayagar Devaswom.
3. Padmanabhapuram 10 Kappiyara Mahadevar Devaswom.
Group
11 Maravoor Kantan Sastha.
4. Kuzhithurai Group 12 Kotheswaram Devaswom.
13 Ashtami Sadya Endowment Fund in Major
Thirumala.
Devaswom.

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5. Shencottah Group 14 Aykudy Subramanyaswamy Devaswom.

15 Elathoor Sundararaja Perumal.
16 Puliyara Arya Vinayagar.
17 Adheenom Kathawar.
18 Azhakinachi Amman.
Part II
Serial number and name Name of Devaswom
of group
1 2
1. Bhoothapandy Group 1 Ninar Edakkavudayar Kantan
Sastha,Ananthapuram
2. Nagercoil Group 2 Puthugramam, Ramanamatam
Bboothathan,Puthugramam, Therror.
3 Vembannoor
Eswarakalathampuran,Vembannoor, Neenda-
kara
3. Padmanabhapuram 4 Sree Bhoothanathaswamy, Rajakkamangaiam.
Group
5 Thiruvidakkode, Aloor.
6 Edamala Sastha, Aloor.
7 Kannanthitta Sastha, Aloor.
8 Cherithala Sastha, Aloor.
9 Elangeri Katitan Sastha, Aloor.
10 Earattapadi Sree Padmanabhaswamy and
Kalpaka Pillayar, Aloor.
11 Notchikulam Sastha, Colachel.
4. Kuzhithurai Group 12 Poottetty Sankaranainar Kulathu
Mahadevar,Killiyoor

Part III
SI. No. and Name of Group Name of Devaswom
1 2
Padmanabhapuram Group 1. Muttakkad Bhoothathan, Kothanalloor.
2. Attinkara Padmanayyar, Kadiapattinam.

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[Schedule III]
Court-Fees Payable Under The Act
(See section 104)
Section Description of document Proper fee
1 2 3
I. Suits Rs.
41(2)(d)(ii)proviso Suit for determining whether the inam 50
comprises both the melvaram and
kudivaram or only melvaram.
53(6) Suit against order under section 53(5) 50
59 Suit for removal of trustee of math or 50
specific endowment attached to math.
70 Suit against order of Commissioner 50
72(4) Suit for the cancellation of the notification 50
[75-c(1) Suit for the cancellation of the notification 50]
84 Suit against award 50
II Applications to Court or Tribunal
47(4) Application to Court against order of [10]
[Government, Commissioner or Joint
Commissioner/Deputy Commissioner].
82(1) Application to the Tribunal 5
90(4)(a) Application to Court against order or [20]
surcharge
101 Application for delivery of possession 2
III. Appeals to Court
53(5) Appeal to High Court 50
72(5) Appeal to High Court 50
72(5) Appeal to High Court 50
[75-C(2) Appeal to High Court 50]
IV. Applications to Government,
[Commissioner] [Joint Commissioner
or Deputy Commissioner]

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3(4) Application to Government for extending 25

the provisions of the Act.
21 Application to Commissioner for revision [10]
[21-A Application to the Joint/Deputy 10]
Commissioner for revision
38(1) Application by Trustee for recovery from 2
person in possession of property of
Specific Endowment.
38(2) Application by person in such possession 2
for recovery from person responsible in
law for performance of service or charity.
59(1) [Commissioner] for consent to suit for [10]
removal of trustee of math or specific
endowment attached to math.
63 Application for decision of dispute or [15]
matter under the section.
64(1) Application for settlement of scheme by 50
[Joint Commissioner, Deputy
Commissioner]
64(5)(a) Application to modify or cancel scheme 25
settled under section 64 (1) or deemed to
have been so settled.
65(1) Application for settlement of scheme by 50
the Commissioner
65(4)(a) Application to modify or cancel scheme [25]
settled under section 65 (1) or deemed to
have been so settled.
66(1) Application for order under the section [25]
66(2) Application to modify or cancel order [25]
passed under section 66(1) or deemed to
have been so passed.
69(3) Application to Commissioner to modify or [25]
cancel order passed under section 69(1)
or deemed to have been so passed.

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72(6) Application to Government to cancel 25

notification
75-C(3) Application to Government to cancel 25
notification
114 Application to Government for revision. 25
[114-A Application to Government for Review 25]
[8(2)(c) Application for modification or 25]
cancellation of order under section 67 of
the Madras Hindu Religious
Endowments Act, 1926.
V. Appeals to Government,
[Commissioner] [Joint Commissioner,
Deputy Commissioner]
22(5) Appeal to Government against order of [20]
Commissioner
[24(6) Appeal to Government against decision
of [Commissioner]]
[26(5)] [Appeal to Commissioner against order 25]]
of Joint Commissioner or Deputy
Commissioner
34(4) Appeal to Government against order of 15
the [Commissioner] regarding alienation
of property.
37 Appeal to Government against order of 5
the [Commissioner] under section 36.
38(3) Appeal to Government against order of 5
Commissioner under section 38(1) or (2)
38(3) Appeal to Commissioner against order of 2
[joint Commissioner or Deputy
Commissioner] under section 38(1) or (2)
53(5) Appeal by trustee against order of [25]
punishment

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54(4) Appeal to Commissioner against order of [25]

17[joint Commissioner or Deputy
Commissioner] appointing temporary
successor to Hereditary Trustee.
55(4) Appeal to [joint Commissioner or Deputy 5
Commissioner] against order of trustee
under section 55(1).
56(2) Appeal to [Joint Commissioner or Deputy
Commissioner] by office holder or
servant against order of punishment
passed by a trustee
[18**** *** ***]
[58(4) Appeal to Joint/Deputy Commissioner 20]
against order of Assistant Commissioner
regarding dhittam
58(4) Appeal to Commissioner against 20
appellate order of Joint
Commissioner/Deputy Commissioner
59(2) Appeal to Government against [20]
[Commissioner's refusal] to give consent
69(1) Appeal to Commissioner against order of [25]
[Joint Commissioner or Deputy
Commissioner] under Chapter
79(1) Appeal to Commissioner against order of 5
[Joint Commissioner or Deputy
Commissioner].
81(1) Appeal to Commissioner against order of 5
[Joint Commissioner or Deputy
Commissioner]
[86(4) Appeal against order regarding budget
---
(a) to Joint/Deputy Commissioner 10
(b) to Commissioner 10
(c) to Government 10]

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90(4)(b) Appeal to Government against order of [20]

Surcharge
11 8(2) (c) Appeal to Commissioner against any [25]
modification or cancellation made by
[Joint Commissioner or Deputy
Commissioner]

Bare Acts Live

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